Ezennia Emmanuel Ifeanyi Okwusogu V. Commissioner Of Police (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the leading Judgment)

This is an appeal against the Ruling of the High Court of Justice, Delta State, Asaba Judicial Division, which was delivered on March 12, 2010 by K. O. Okpu, J.

BACKGROUND FACTS

On August 8, 2008, the Appellant was arraigned on a five count charge of conspiracy to commit an offence to wit – conduct likely to cause a breach of the peace, et al, contrary to Sections 517, 249 (d), 86(2), of Criminal Code Laws of the Defunct Bendel State applicable to Delta State.

At the close of the prosecution case, the defence counsel made a no-case submission. On February 13, 2009, the learned trial Chief Magistrate delivered a considered Ruling to the conclusive effect, thus:

I have listened and studied the evidence of the prosecution, I have also considered the submission of learned defence counsel in its entirety…

In my own thinking, the exhibits in this case especially exhibits A, B, C, D, K, J and H disclosed a criminal cause of action which needs to be defended. I am fully convinced that the prosecution has made out a prima facie case and hearing the defence of the accused person will guide the court in making a just Judgment. Therefore, I call upon the accused to enter his defence.

This is my Ruling.

…

NNAMDI ONYEKWE ESQ.

SNR MAGISTRATE GD 1.

See pages 33 – 36 of the Record of Appeal Dissatisfied with the Ruling in question, the Appellant appealed to the High Court of Delta State, Asaba Judicial Division.

In response to the said appeal filed in the court below, the

Appellant filed a preliminary objection challenging the competence of the appeal on the following grounds: