Sunday Chijioke Agbo & Ors. V. The State (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of Abakaliki High Court in Ebonyi State delivered on 11/4/08 in which the High Court (herein referred to the as the trial Court) over-ruled the submission of ‘No case to answer’ made by the appellant’s counsel.

The summary of the facts of this appeal is this:

The appellants were ordinary police officers attached to the surveillance squad of the Nigeria police Force, Abakaliki. They were arraigned before the trial Court, on one count i.e. murder of one Ifeanyi Nnaji, on 23/28/2001.

Upon arraignment, each of the appellants pleading not guilty to the charge, where upon the prosecution, in order to establish the charge, called 5 witness and closed its case. Thereafter, the appellants, through their counsel made ‘a No Case – submission’, and submitted that the prosecution had failed to make out a prima-facie case to warrant calling on the appellants to defend themselves. He urged the court to discharge and acquit the appellants.

In his reply in opposition to the ‘No case submission’, learned counsel for the prosecution contended that the evidence ruling delivered on 11/4/2008, the learned trial Judge over-ruled the ‘No case’ submission.

It is against that ruling the appellants have lodged this instant appeal before this court on four grounds of appeal.

In accordance with the Rules of this court, the appellants filed their Brief of argument on 7/8/08. On receipt of the respondent’s Brief of argument the appellants also filed their Appellants’ Reply Brief on 17/11/08. In their Appellants Brief, only one issue was distilled from the four grounds of appeal for determination in this appeal. This issue is:

“Whether, having regard to the failure of the prosecution to prove the essential elements of the offence of murder and the manifestly unreliable evidence of the prosecution witnesses, the learned trial Judge was right in over-ruling the ‘No case submission’ made on behalf of the appellants.” (Grounds, 1- 4)

The respondent in his brief of argument also formulated his own sole issue which reads:

“Whether from the totality of evidence as adduced by the prosecution, the learned trial Judge was right in over-ruling the ‘No Case submission.”

After perusing the records of appeal, the grounds of appeal, the ruling of the trial court and the issues identified by each party in this appeal, it is my view that the issue which ought to be considered in this appeal is simply:

“Whether the trial court was right in dismissing the ‘No Case’ submission in respect of the charge against the appellants.”

I shall, therefore, determine this appeal on this issue formulated by me as it is all encompassing and sufficient to dispose of the appeal. And for the reasons which I shall state herein after I shall be brief in this judgment.