The State V. Jerry Chukwuemeka Emezie & Ors. (1971)

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LEWIS, J.S.C. 

In case No. E/6C/1970 in the Enugu High Court, there were four counts involving six accused and at the close of the prosecution case a “no case” submission was made to Agbakoba, J. on behalf of the various accused. The 6th accused was thereupon on the 6th of November, 1970 immediately discharged and on the 7th of December, 1970, the learned trial Judge gave an extensive ruling with regard to the remaining five accused concluding with the following words:-

“No case has been made out against all the five accused persons in respect of counts 1 and 2 and I accordingly discharge all the five accused.

A prima facie case has been made out against the 1st accused in respect of count 3 and I accordingly call upon him to make his defence thereon. A prima facie case has been made out against 2nd accused in respect of count 4 and I accordingly call upon him to make his defence thereon.”

Against that decision the State appealed in respect of the discharge of the five accused on counts 1 and 2 and on the 24th of September, 1971, we dismissed that appeal and we now give our reasons for so doing though for the sake of completeness we would add that on the same day we refused an application by the 2nd accused for leave to appeal against the overruling by Agbakoba J. of his no case submission on the 4th count.

Counts 1 and 2 in the amended information read:-

STATEMENT OF OFFENCE

Count 1

Conspiracy, contrary to section 516 of the Criminal Code.

Particulars of Offence

Jerry Chukwuemeka Emezie, Clement Dorams Onwudiwe, John Anyaechie Charles Nwaneri, Major S.S. Tomoye, Bartholomew A. Igboekwe, in or about the month of January 1970 at Nkwerre in Orlu Division conspired together and with others unknown to commit an offence to wit – stealing from the “Bank of Biafra.”

STATEMENT OF OFFENCE

Count 2

Stealing, contrary to section 390(9) of the Criminal Code.