EZEH V. STATE

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the ruling of the High Court of Delta State delivered in Charge No. W/1C/98. The appellant as the 3rd accused and five others were arraigned on a four count charge of conspiracy, stealing and forgery. All the accused persons pleaded not guilty to the charge. The prosecution called eight witnesses and tendered several exhibits to prove its case.

Upon the close of the prosecution's case, counsel to all the accused persons made a "no case" submission pursuant to Section 286 of the Criminal Procedure Law, Cap C22, Volume 1, Laws of Delta State, 2006. In a reserved ruling delivered on 10/6/2012 by Onajite - Kuejubola J. the lower Court after a consideration of the evidence adduced and the submissions of counsel found that a prima facie case had been made out against all the accused persons in respect of all the charges. He called on them to enter their defence.

Aggrieved by the decision of the…