SYLVESTER EZE V. COMMISSIONER OF POLICE (BENUE STATE)

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the Benue State High Court delivered on 16/10/2006 in Appeal No: MHC/6CA/2006, while sitting in the course of its appellate jurisdiction against the decision of the Chief Magistrate Court, Aliade in case no: CMCA/76/2004. The Appellant herein was the Accused person before the Chief Magistrate Court. He was arraigned on a one count charge of theft of money in the sum of N732,950 = contrary to S.287 of the Penal Code Law of Benue State. During the trial, he pleaded not guilty. To prove his guilt, the prosecution called and relied on the evidence of 4 witnesses.

At the close of the case for the prosecution, learned Counsel made a no case submission on behalf of the Appellant. The no case submission was overruled. In his ruling, overruling the no case submission, the learned Senior Magistrate, found that though a prima facie case of theft had not been established against the App…