STATE V. UCHE

JOSEPH OLUBUNMI KAYODE OYEWOLE, JC.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ebonyi State, Afikpo Judicial Division, holden at Afikpo, delivered on the 20th December, 2019 by OGBU, J. 

The Respondent was arraigned before the trial Court on two counts of separate offences, to wit; causing of extreme fear contrary to Section 12(6) (2) of the Ebonyi State Internal Security Enforcement and Related Matters Law Cap 55 Vol. 2 Laws of Ebonyi State of Nigeria, 2009 and defamation contrary to Section 375 of the Criminal Code Law Cap 33 Vol. 1 Laws Ebonyi State of Nigeria, 2009. He pleaded not guilty to the two counts. At trial, the Appellant called five witnesses while the Respondent called an additional witness to himself. After taking final addresses from the two sides the learned trial Judge gave a considered judgment wherein the Respondent was discharged and acquitted on the two counts. 

Dissatisfied, the Appellant invoked the appellate…