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HON. YAKUBU IBRAHIM & ORS. V. COMMISSIONER OF POLICE

(2010) JELR 47607 (CA)

Court of Appeal  •  CA/A/6C/2007  •  11 May 2010  •  Nigeria

Coram
UWANI MUSA ABBA AJI JCA; MARY U. PETER-ODILI JCA; ABDU ABOKI JCA;

Judgement

MARY U. PETER-ODILI. J.C.A (Delivering the Leading Judgment): The appellants and two others were charged with the offences of Criminal Breach of Trust, Misappropriation, Aiding and Abetment and Assisting in the concealment of Stolen Property.

The prosecution called four witnesses and tendered exhibits including the various statements of the accused persons before the trial Magistrate and the statement of PW1, their star witness. Counsel to the Appellants made a no case submission at the close of the evidence for the prosecution. The no-case submission was overruled against the appellants, that of the other accused persons was upheld and they were discharged by the trial court.

Not being satisfied with the ruling of the trial Senior Magistrate Court, the Appellant appealed to the Lower Court on five (5) grounds of appeal. After hearing the appeal the High court in its appellate jurisdiction, Coram: Oniyangi and Oriji J.J; upheld the ruling of the trial Court and dismissed the appeal. …

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