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MR. CHRISTIAN SPIESS v. MR. JOB ONI

(2016) JELR 36901 (SC)

Supreme Court  •  SC.197/2013  •  3 Jun 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; JOHN INYANG OKORO JSC; AMIRU SANUSI JSC;

Judgement

IBRAHIM TANKO MUHAMMAD, JSC (Delivering the Leading Judgment): Mr Job Oni was the complainant before a Kaduna State Chief Magistrates Court, holden at Makera, Kaduna State (trial Court). In his evidence he stated that he knew Mr. Christian Spiess, the accused/appellant, and that he used to work for CONDEM (the accused's company) from time to time as a carpenter. The business of the company, he said, was that of making of satellite dishes sometime in 1999, the appellant was charged before the trial Court as follows:

"Count 1:-

That on or about the 18th day of July, 1999 at No. 8 Block 3, Gafai Street, behind Kaduna Textile Limited, Kaduna, you commit (sic) criminal Trespass by entering into the above named premises, then in possession of Job Oni and dismantled a Satellite Dish then in possession of Job Oni, and thereby committed an offence punishable under Section 348 of the Penal Code.

Count 2

That you, on or about the 18th day of July, 1999 at No. 8 block 3 Gafai Street, behind Kaduna Te…

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