Commissioner of Police V. Michael Uzoagba & Anor (2009)

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MARY U. PETER-ODILI, J.C.A

This is an appeal against the Judgment of the High Court of Justice, Appellate Division, Federal Capital Territory, Abuja Coram: Hon. Justice I.U. Bello (Presiding), Hon. Justice M. Balami delivered on 23rd October, 2007. The Appellant was the Respondent in the Court below while the Respondents herein were the Appellants. In its judgment, the High Court sitting in its Appellate jurisdiction entered judgment in favour of the Respondents by:

(1) Holding that the transaction between the parties and PW1, is purely a tenancy matter.

(2) Upholding the no case submission of the Respondents, counsel allowing the Appeal and discharging Respondents. Being dissatisfied with the whole judgment in favour of the Respondents, the Appellant filed this Notice of Appeal on 27th December, 2007.

STATEMENT OF FACTS:

By First information Report dated 24th September, 2007, the 1st and 2nd Respondents were charged with the offences of criminal breach of trust and cheating contrary to Sections 312 and 322 of the Penal Code Law, Cap. 89 LFN 1990 in the Magistrate Court, Jabi presided over by His Worship Mrs., Omolola T. Oladipo.

During the course of the trial, the Respondents objected to the admissibility of the confessional statement purportedly made by them. The trial Magistrate gave a ruling on the 24th day of August 2007 overruling the objection of the Respondent’s counsel.

The prosecution in proof of his case called three witnesses and tendered 4 exhibits, UZ1 – UZ4 ie Statement of PW2, receipt issued and the Statements of the two accused persons and thereafter closed their case. The defence made a no case submission. By a ruling delivered on the 24th day of September 2007, the trial Magistrate held that the prosecution had established a prima facie case against the Respondents.

Being dissatisfied with the ruling of 24th September 2007, the Respondents filed an appeal to the High Court FCT, Abuja in its appellate jurisdiction and on the 23rd October 2007 the High court gave judgment in favour of the Respondent and against the Appellant and it is against that decision the Appellant has now appealed to this Court on a Notice of Appeal of two grounds which I shall quote hereunder without the particulars viz:-

GROUND ONE:

The learned Judges of the High Court sitting in Appellate Division erred in law when they held that the transaction between the accused persons/Respondents and PW1 and PW2 was purely a tenancy matter, and civil in nature when the elements of Criminal Breach of Trust and Cheating contrary to Sections 312 and 322 of the Penal Code was proved.

GROUND TWO:

The learned Judges of the High court sitting in appellate division erred in law when they upheld the no case submission of the Accused persons/Respondents when there was sufficient evidence adduced supporting the charge of Criminal Breach of Trust and Cheating.

On the 8/10/2009, date of hearing Mr. Ologunorisa learned counsel for the Appellant adopted their brief filed on 16/7/08 and also their Reply Brief of 28/5/09. In the Appellants Brief were formulated two issues for determination which are:-