Commissioner Of Police V. Dr S.I. Uroghide (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment)

This appeal emanated from the Ruling of the High Court of Justice, Edo State in Suit No: B/7CA/2012 COMMISSIONER OF POLICE VS DR. S. I. UROGHIDE delivered on the 19th day of November 2012 wherein the lower Court dismissed the application of the Appellant which prayed for an order to strike out the Respondents appeal for being incompetent and an abuse of process.

Briefly, the facts of the case are that the Respondent who is a Benin based Legal Practitioner was charged before a Benin Magistrate Court with the offences of conspiracy and publishing defamatory matter.

At the end of the trial, the Respondent was discharged and acquitted in the conspiracy charge but convicted on the charge of publishing defamatory matter. He was then cautioned and discharged in the said second count.

The Respondent then filed an appeal against the conviction and caution.

The Appellant filed an application at the lower Court praying that the appeal by the Respondent be struck out for being incompetent and an abuse of Court process on the following grounds:-

1

(1) The Appellant has no legal right of appeal against his conviction under Section 66 of the Magistrates Court Law.

(2) The appeal is incompetent and an abuse of process.

In his ruling, the learned trial Judge dismissed the application of the Appellant.

The Appellant, being dissatisfied with the Ruling of the lower Court appealed to this Court.

The Learned Counsel for the Appellant formulated a lone issue for the determination of the Appeal. The issue is set out as follows:-

Whether the Court below has jurisdiction to entertain the appeal of the Respondent having regard to the state of the law.

The Learned Counsel for the Respondent in his own case also formulated an issue for the determination of this appeal. The said issue is set out as follows:-