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SYLVESTER OJIRI & ORS v. THE STATE

(2018) JELR 38655 (CA)

Court of Appeal  •  CA/PH/209C/2007  •  16 Apr 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The appellants were arraigned in Charge No. HOW/2C/87 which charge was founded on fraud. Upon the failure of the prosecution to lead evidence to prove the charge, the High Court of Imo State Coram P. C. Nnadi, J (as he then was) on the application of the appellants on 16-11-2001 determined the charge in this terms

justice in a criminal trial is not only for the state or the victim of the offence but also on accused person who by his plea of not guilty, had put himself on trial and challenged the prosecution to adduce evidence of his guilt whereas in this case, the prosecution has not only shown absolute non-challance and disinterestedness but has failed to appear and produce witnesses to prove the guilt of the accused persons, it will only be fair, just and equitable to dismiss the information for want of prosecution and to discharge the accused persons. Consequently, Suit No. HOW/2C/87 is hereby dismissed. Each accused is…

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