Commissioner Of Police V. Mr. Emmanuel Amuta (2017)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS, J.S.C.

The Attorney-General of Anambra State in exercise of the powers conferred on him by Section 77(1)(a)(iii) of the Magistrates Court Law, Cap 88 Vol. 6 Revised Laws of Anambra State of Nigeria 1991 granted his fiat to Obi Akpudo Esq to prosecute Lawrence Arinze and Emmanuel Amuta in Charge No MID/506C/97. On 16/3/2006 the two accused were arraigned on a four count amended charge to which they pleaded not guilty. The amended charge read thus:-

1. That you Lawrence Arinze (M) and Emmanuel Amuta (M) on the 17th day of April 1995 at Akuora Umuota Village Obosi in Idemili Magisterial District conspired with one Obed Afamefuma (now deceased) to commit a misdemeanor to wit, forcibly (sic) entry on land which is in the actual and peaceable possession of Ernest Nwofia and thereby committed an offence punishable under Section 496(a) of the Criminal Code Cap 30 Vol. 1 Laws of Anambra State of Nigeria 1986.
2. That you Lawrence Arinze (M) Emmanuel Amuta (M) and Obed Afamefuna (now deceased) on the same date, time and place in the aforementioned Magisterial District in a

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manner likely to cause a breach of the peace or reasonable apprehension of the breach of the peace entered on a piece or parcel of land which is in actual and peaceable possession of Ernest Nwofia (M) and thereby committed an offence punishable under Section 115 of the Criminal Code Cap. 36 Vol. 1 Laws of Anambra State of Nigeria 1986.

3. That you Lawrence Arinze (M) and Emmanuel Amuta (M) on the same date and place in the afore-mentioned Magisterial District willfully and unlawfully damaged a shovel valued N1,600.00 (One thousand, six hundred naira) property of Ernest Nwofia and thereby committed an offence punishable under Section 415(1) of the Criminal Code Cap. 36 Laws of Anambra State of Nigeria Vol. 1 1986.
4. That you Lawrence Arinze (M) and Emmanuel Amuta on the same date and place in the afore mentioned Magisterial District with intent to intimidate or annoy one Ernest Nwofia in a manner likely to cause a breach of the peace entered on a piece or parcel of land which is in actual and peaceable possession of the said Ernest Nwofia and therein stopped workers already working for him in the said land from continuing with their work and thereby

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committed an offence punishable under Section 120(a) of the Criminal Code Cap. 36 Laws of Anambra State of Nigeria Vol.1 1986″.

The accused pleaded not guilty to the amended charge. The prosecution opened its case and called four witnesses. The fourth witness Romanus Amuju, was the contractor that the complainant engaged to construct the fence which led to a fracas between the complainant and the accused. He did not conclude his evidence and all efforts to get him conclude his evidence including the issuance of a bench warrant against him was unsuccessful. At the close of the prosecutions case, the accused made a no case submission which was overruled by the Chief Magistrate, Obosi. The accused were ordered to enter their defence.

The accused were dissatisfied with the order and appealed against it to the High Court of Anambra State sitting in its appellant jurisdiction. On 24/3/2009 the High Court sitting on appeal held while dismissing the appeal that the prosecution made out a prima facie case of forcible entry under count II that called for an explanation from the accused/appellants as to how they ended up in a fight if they entered the

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premises as Peace makers. The accused/appellants further appealed to the Court of Appeal Enugu with leave of the High Court. The Court of Appeal Enugu delivered its judgment on 4/5/2011 and in a unanimous decision it allowed the appeal and set aside the judgment of the appellate High Court. In the lead judgment of Augie JCA (as she then was) she held as follows at page 208 of the records:-

“The Respondent complied with the order, and did dispense of PW4, which meant that Pw4 remained hanging in the air, and even worse, a bench warrant for the arrest of PW4 was hanging with it. Obviously, the trial Magistrate Court and the appellate High Court did not fully grasp the effect of this state of affairs on the Respondents case, which is why both could insist that the Appellants have a case to answer. Can the Respondent actually beat its chest and say that it made out a case for the Appellants to answer in the circumstances I think not. As I said, a submission of no case to answer will be successful where the evidence has been so discredited or is so unreliable that no reasonable Court would convict on lt. PW4 did great damage to the case for the prosecution,

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and the only conclusion that can be reached is that the Appellants have no case to answer, and they must be discharged. Thus the appeal succeeds and is allowed. The decision of the Lower Court in its judgment delivered on 24th May, 2009 is set aside. The no case submission is upheld and the Appellants are discharged”.

It is against this judgment that the appellant has appealed to this Court. The Notice of Appeal containing three grounds of appeal was filed on 3/8/2011 from which the appellants counsel distilled the following two issues for determination:-