JOSEPH GWAWOH V. COMMISSIONER OF POLICE

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The appellant here in stood his trial before the Chief Magistrate's Court Sapele, on the following charge:"That you, Joseph Gwawoh (m) between the month of August and September, 1971, at No.6, Itsekiri Road Extension, Sapele, in the Sapele Magisterial District, stole the sum of 35pounds property of one D.Z. Barhoumi (m) and thereby committed an offence punishable under Section 331 of the Criminal Code, Cap. 28 Vol 1 Laws of the Western State of Nigeria, 1959, also applicable in the Mid-Western State of Nigeria."

He was convicted at the end of the said trial and sentenced to a term of imprisonment for 18th months.

Thereafter, the appellant unsuccessfully appealed against his conviction to the Sapele High Court and has now appealed to this court against the dismissal of the appeal by that court.

After hearing argument from both counsel for the appellant and that for the respondent in this appeal, we allowed the appeal, quashed the…