Clement Nwaoha Vs Commissioner Of Police (2018)

LAWGLOBAL HUB Lead Judgment Report

OLUKAYODE ARIWOOLA, J.S.C.

This matter originated from the Chief Magistrate Court of Rivers State holden at Port-harcourt, coram: Chief Magistrate, IGONIKO, EMMAN. The appellant herein had been charged along with nine (9) others with offences of conduct likely to cause breach of the peace and willful damage. In his judgment delivered on 23/02/1994, seven (7) out of the ten persons that stood trial were acquitted of the charge and they were accordingly discharged. The appellant and two others were however each found guilty as charged and were convicted and sentenced to six (6) months imprisonment with hard labour (IMHL)with an option of fine of N250.00 for counts 2,3,4 and 5 of the charge. The three were cautioned and discharged for counts 6th, 7th, 8th and 9th of the charge.

Dissatisfied with the decision of the said Chief Magistrate Court, led the appellant and the other two convicts to appeal to the appellate jurisdiction of the High Court of Rivers State with their Notice of Appeal filed on 8/3/1994.

In its judgment delivered on 17/7/1996, the High Court of Rivers State sitting as a special

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appeal cases Court, coram: K. D. Ungbuku, the Chief Judge (of blessed memory) and C.I. Uriri, J. (as he then was) found the appeal incompetent and same was dismissed.

Further aggrieved with the decision of the High Court led to the appeal by the appellant and two others to the Port-harcourt division of the Court of Appeal. In its unanimous decision handed down on 25/02/2010, the Court below found the appeal incompetent and unmeritorious. It dismissed same without costs. That dismissal has led to the instant appeal filed on 2nd June, 2014 , pursuant to the order of this Court earlier obtained for extension of time to appeal against the decision of the Court below.

The appellant was one of the three appellants at the Court below. Parties filed and exchanged briefs of argument, and the appeal was heard on the following processes: Amended appellant brief of argument filed on 16/01/2018 but deemed properly filed and served on 18/01/2018, Respondent’s brief of argument filed on 19/04/2016 but deemed duly filed and served on 18/01/2018.

From the appellant’s said amended brief of argument, the following two issues are distilled for the determination of this appeal.

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Issue 1

Was the lower Court right when it came to the conclusion that the appellant did not file a brief of argument, the basis on which it refused to hear the appeal on the merit and thereby visiting the sin of the Registry, who misfiled the appellant’s brief on the appellant The sin of the Registry issue – (Ground 1)

Issue 2

Was the lower Court not wrong to have dismissed the appellant’s appeal without a hearing on the merits and on the ground that the appellant did not file a separate brief of argument from the other appellants in the appeal before the lower Court The dismissal without hearing on the merit issue – (Ground 2).