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EZENNIA EMMANUEL IFEANYI OKWUSOGU V. COMMISSIONER OF POLICE

(2013) JELR 35443 (CA)

Court of Appeal  •  CA/B/204C/2012  •  3 Dec 2013  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Appearances
ANAMMAH OBIORA with the brief of CHIDI OBIEZE For Appellant O. F. ENEMO DDPP DELTA STATE with O. OKPOKPOR For Respondent

Judgement
<p>IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the leading : ): This is an appeal against the Ruling of the High Court of Justice, Delta State, Asaba Judicial Division, which was delivered on March 12, 2010 by K. O. Okpu, J.</p><p> BACKGROUND FACTS</p><p> On August 8, 2008, the Appellant was arraigned on a five count charge of conspiracy to commit an offence to wit - conduct likely to cause a breach of the peace, et al, contrary to Sections 517, 249 (d), 86(2), of Criminal Code Laws of the Defunct Bendel State applicable to Delta State.</p><p> At the close of the prosecution case, the defence counsel made a no-case submission. On February 13, 2009, the learned trial Chief Magistrate delivered a considered Ruling to the conclusive effect, thus: </p><p> I have listened and studied the evidence of the prosecution, I have also considered the submission of learned defence counsel in its entirety...</p><p> In my own thinking, the exhibits in this case especially exhibits A, B, C, D, K, J and H disclosed a criminal c…</p>

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