FEDERAL REPUBLIC OF NIGERIA V. KEHINDE DOKUN SAMUEL

MUHAMMED LAWAL SHUAIBU, J.C.A.(Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Edo State, coram: Hon. Justice Edigin E. A. delivered on 15th day of October, 2018 wherein the Court upheld the respondent’s No case submission at pages 169 – 170 of the record of appeal as follows:-

“It is my view that in all the allegations outlined above, the evidence of the prosecution as it affects each allegation is devoid of essential ingredients of the offence of false information to wit:-

(1) That the statement is false and that the defendant knew it to be false.

(2) It would be unsafe to convict on the evidence of the prosecution as it stands.

So I do not see any reason to call on the accused for his defence. Accordingly, the charge against the accused is dismissed and the defendant is discharged”.

Dissatisfied with the above decision, appellant appealed to this Court through a notice of appeal filed on 14/1/2019. The Notice of Appeal at pages 171 – 180 of the…