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CLEMENT NWAOHA v. COMMISSIONER OF POLICE

(2018) JELR 41171 (SC)

Supreme Court  •  SC.708/2014  •  13 Apr 2018  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; OLUKAYODE ARIWOOLA JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALINJE JSC;

Judgement

OLUKAYODE ARIWOOLA, J.S.C.(Delivering the Leading Judgment):This matter originated from the Chief Magistrate Court of Rivers State holden at Port-harcourt, coram: Chief Magistrate, IGONIKO, EMMAN. The appellant herein had been charged along with nine (9) others with offences of conduct likely to cause breach of the peace and willful damage. In his judgment delivered on 23/02/1994, seven (7) out of the ten persons that stood trial were acquitted of the charge and they were accordingly discharged. The appellant and two others were however each found guilty as charged and were convicted and sentenced to six (6) months imprisonment with hard labour (IMHL)with an option of fine of N250.00 for counts 2,3,4 and 5 of the charge. The three were cautioned and discharged for counts 6th, 7th, 8th and 9th of the charge.

Dissatisfied with the decision of the said Chief Magistrate Court, led the appellant and the other two convicts to appeal to the appellate jurisdiction of the High Court of Rivers S…

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