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BENNETH UZUEGBUNAM v. COMMISSIONER OF POLICE

(2018) JELR 39501 (CA)

Court of Appeal  •  CA/E/60C/2017  •  16 Mar 2018  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; TOM SHAIBU YAKUBU JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

MISITURA OMODERE BOLAJI-YUSUFF, J.C.A. (Delivering the Leading Judgment):This is an appeal against the decision of the High Court of Anambra State given in its appellate jurisdiction in suit no. HN/2CA/2016 on 19/7/2017. The appellant and his daughter were jointly charged before the Magistrate Court Anambra State for conspiracy to bring false accusation and giving false information to the police under Sections 153 and 154(1) (a) of the Criminal Code, Cap 36 Vol. 11, Revised Laws of Anambra State of Nigeria. The prosecution called 2 (two) witnesses. The two accused persons testified in their own defence. The trial Magistrate in her judgment delivered on 23/2/16 found the 2nd accused person guilty and sentenced her to two months imprisonment with an option N20,000.00 fine. The charge against the 1st accused now the appellant was dismissed. He was discharged and acquitted.

Aggrieved by the discharge and acquittal of the appellant, the prosecution appealed to the High Court of Anambra Stat…

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