THE STATE V. CHIEF IGNTIUS FRANCIS IBANGA

MUHAMMED LAWAL SHUAIBU, JCA (Delivering the Leading Judgment): At the Magistrate Court No.2, Abak, Akwa Ibom State, the respondent and one Jacob Joshua Udo Ekoriko were charged for offences using or placing charm, forcible entry, stealing and assault occasioning harm punishable under sections 211 (c), 89 408 and 364 of the Criminal Code Cap. 38, Laws of Akwa Ibom State 2000 respectively.

Both the respondent and the other co-accused pleaded not guilty and the matter went to trial.  The prosecution called four witnesses and also tendered documentary exhibits.  At the close of the prosecution’s case, the respondent herein made a no-case submission on 31/5/2012, the trial Magistrate overruled the no-case submission and ordered the respondent to enter his defence.

Dissatisfied with the trial court’s decision the respondent appealed to the High Court of Akwa Ibom State sitting at Abak.  In its judgment of 19/01/2016, the lower court upturned the trial court’s decision and thus allowed the re…