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CHIEF OYOYO UBENE v. COMMISSIONER OF POLICE

(2004) JELR 45090 (CA)

Court of Appeal  •  CA/C/105M/2003  •  6 Dec 2004  •  Nigeria

Coram
CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; ISTIFANUS THOMAS JCA; JEAN OMOKRI JCA;

Judgement

CHUKWUMA-ENEH, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Akpabuyo High Court of Cross River State (Coram: Ikpeme, J.) which struck out the appellant's application for leave of the Honourable Court to appeal Bout of time against the appellant's conviction in the charge No. MCA/IC/78 at the Ikot Nakanda - Akpabuyo Chief Magistrate Court.

The facts of the case are not at all in controversy. In 1978, that is, nearly 26 years ago the appellant with another, was charged with the offence of assault under section 351 of the Criminal Code Law of Cross River State, 1978 leading to the conviction and sentence of the appellant with an option of fine in the sum of N80.00. The appellant paid the fine in lieu of 3 months imprisonment; and allowed the matter to rest there.

Apparently aggrieved by the said decision, the appellant has now filed a notice of appeal containing 2 (two) grounds of appeal and without their particulars. They are as follows:

"(i) The le…

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