Gabriel Ogundowole Vs Commissioner Of Police (1970)

LawGlobal-Hub Lead Judgment Report

B. A. COKER, J.S.C.

The appellant was tried on an information which charged him and another person on 9 counts as follows:

“Statement of Offence-Count 1
ROBBERY, contrary to S. 402 of the Criminal Code.

Particulars of Offence
Gabriel Ededey, Frank Odita on or about the 18th June, 1970, at Aba in the Aba Judicial Division robbed Nathaniel Ezekwem of 150 singlets valued 50, 256 ladies skirts valued  89p 12s 0d, 272 gowns valued 91p 16s 0d, 61 pairs of trousers valued 44p 19s 9d, 93 blouses valued 24p 6s 0d and immediately before the time of such robbery did use personal violence to the said Nathaniel Ezekwem.

Statement of Offence-Count 2
STEALING, contrary to S. 390 of the Criminal Code.

Particulars of Offence
Gabriel Ededey, Frank Odita on or about the 18th June, 1970, at Aba in the Aba Judicial Division stole 150 singlets valued 50, 256 ladies skirts valued 89p 12s 0d, 272 gowns valued  16s 0d, 61 pairs of trousers valued 44p 19s 9d, 93 blouses valued 24p 6s 0d the property of Nathaniel Ezekwem.

Statement of Offence-Count 3
STEALING, contrary to S. 390 of the Criminal Code.

Particulars of Offence
Gabriel Ededey, Frank Odita on or about the 19th June, 1970, at Aba in the Aba Judicial Division stole 1 carton of stout (small) valued 3p 5s 0d, 1 crate of small Fanta valued 2, 1 packet of Asepso soap valued 11p 5s 0d, 1 carton of milk valued 4, 1 carton of Tate sugar valued 316s 0d, 1 dozen tins of Bournvita valued 2p 2s 0d, 2 dozen cakes of Lux soap valued 1p 10s 0d, 1 dozen cakes of Rexona soap valued 15s, 1 roll of Gold Leaf cigarettes valued 1p 2s 0d, the property of Julius Anyanwu.

Statement of Offence-Count 4
ABUSE OF OFFICE, contrary to S. 104 of the Criminal Code.

Particulars of Offence
Gabriel Ededey, Frank Odita on or about the 18th June, 1970, at Aba in the Aba Judicial Division, being persons employed in the public service of Nigeria, namely, Police Officers, in the abuse of the authority of your office as superior police officers did an arbitrary act by instructing mobile police men (Mopol 9) under your command to rob Julius Anyanwu, a trader, of his wares at the Aba market, an act prejudicial to the rights of the said Julius Anyanwu.

Statement of Offence-Count 5
STEALING, contrary to S. 390 of the Criminal Code.

Particulars of Offence
Gabriel Ededey, Frank Odita on or about the 18th of June, 1970, at Aba in the Aba Judicial Division stole 3 cartons of fish valued 33p 3s 9d the property of Herbert Nwagbara Atubi.

Statement of Offence-Count 6
STEALING, contrary to S. 390 of the Criminal Code.

Particulars of Offence
Gabriel Ededey on or about the 21st June 1970, at Aba in the Aba Judicial Division stole one Phillips transistor radio set with a loudspeaker valued 17 the property of Ujuata Nwosu.