Godwin Chianugo (Alias Godwin Isienei) & Ors V. The State (2001)

LawGlobal-Hub Lead Judgment Report

OGUNTADE, J.C.A.

Before the High Court, Lagos in charge No. Lc D13191, the offences hereunder appearing were brought against the appellants.

STATEMENT OF OFFENCE – 1ST COUNT.

Conspiracy contrary to Section 516 of the Criminal Code

PARTICULARS OF OFFENCE

Godwin Chianugo (Alias) Godwin Isichei (m), Dele Atto (f), Christian Chianugo (m), Anne Uzoma Chianugo (f) and Rose Chianugo (f) between the Month of November, 1988 and January, 1990 in Lagos in the Lagos Judicial Division did conspire together to commit a felony to wit: Stealing.

STATEMENT OF OFFENCE – 2nd COUNT

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

PARTICULARS OF OFFENCE

Godwin Chianugo (Alias) Godwin Isichei (m), Dele Atto (f), Christian Chianugo (m), Anne Uzoma Chianugo (f) and Rose Chianugo (f) between the Month of November, 1988 and January 1990 in Lagos in the Lagos Judicial Division stole Art Papers, Newsprint and Label Papers valued N1.5 million, property of  Newbreed Print and Packaging Co. Limited.

On 22/5/91, each of the appellants pleaded not guilty to each of the two counts. The prosecution later opened its case. It called in all five witnesses. At the conclusion of the prosecution’s case, the defence counsel made a no-case submission. The trial Judge, Owobiyi J. overruled the submission. Dissatisfied, the appellants have brought this appeal.

In the appellants’ brief filed, the issues for determination were formulated thus:

(i) Whether having regard to the evidence led by the prosecution, the learned trial Judge was right to reject the no-case submission made by the appellants?.

(ii) Whether the charge was validly made in accordance with S. 152(2) of the CPA as interpreted in R v. Aniemeke (1961) 1 All NLR 43?.