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EDEKI MINISTER v. COMMISSIONER OF POLICE

(2016) JELR 36815 (CA)

Court of Appeal  •  CA/B/265C/2011  •  20 Jan 2016  •  Nigeria

Coram
PHILOMENA MBUA EKPE JCA; HAMMA AKAWU BARKA JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

HAMMA AKAWU BARKA, JCA (Delivering the Leading Judgment): On the 4th day of March 2004, the Appellant Edeki Minister and five others were charged before the Chief Magistrate Court No. 2 Benin City, presided by M.C. Ojobu (Mrs) Chief Magistrate Grade 1, of the offences of conspiracy, grievous harm, unlawfully (sic) destruction, assault and malicious damage punishable under Sections 516, 335, 451, 517, 351 and 451 of the Criminal Code Cap. 48, vol. II, Laws of the defunct Bendel State of Nigeria 1976 now applicable in Edo State.

At the end of the trial, the 1st and 2nd accused persons were convicted on counts one and two of the charge, and sentenced to a fine of ₦20,000.00 each or a jail term of two years in respect of count one and a fine of ₦40,000.00 each or a jail term of three years in respect of count two. This is at page 56 of the records.

Dissatisfied with the decision of the trial Chief Magistrate Court, the Appellants appealed to the Edo State High Court of justice, sitting in i…

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