BISI OLANREWAJU FUNKE OLANREWAJU V. COMMISSIONER OF POLICE
(2001) JELR 51378 (CA)
Court of Appeal
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CA/I/13/98 .
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12 Jul 2001
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Nigeria
Coram
MORONKEJI OMOTAYO ONALAJA, JCA (Presided) FRANCIS FEDODE TABAI, JCA (Read the Lead Judgment) OLUFUNLOLA OYELOLA ADEKEYE, JCA
Appearances
Chief O. Odunlade, Esq. - for the Appellant .
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S. O. Adeoye (Senior Legal Officer), Ministry of Justice, Oyo State
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- for the Respondent.
Judgement
<p><strong> TABAI, JCA (Delivering the Lead Judgment): </strong> At the Ibadan Magisterial</p><p>District of the Magistrates’ Court, Oyo State of Nigeria, the two appellants were charged along with two others for assaulting one Mrs. Veronica Esan and causing her grievous bodily harm under section 355 of the Criminal Code, Cap. 30, Laws of Oyo State, 1978. In course of the ruling on a no- case submission, the learned trial Chief Magistrate amended the charge to one of simple assault under section 351 of the Criminal Code. At the end of the trial, the learned trial Chief Magistrate, Mrs. B. Fagbenro in a considered judgment on 4/1/96 discharged and acquitted the appellants and the two others charged along with them. The prosecution lodged an appeal against the said judgment to the High Court of Oyo State. The appeal was heard by Hon. Justice N. O. Adekola, Acting Chief Judge. In a considered judgment on 30/7/97, the learned appellate Judge confirmed the discharge and acquittal of the 3rd and 4th accused persons b…</p>