Gabriel Tayo Aituma & Anor. V. The State (2006)

LawGlobal-Hub Lead Judgment Report

ZAINAB A. BULKACHUWA, J.C.A.

The two Appellants were arraigned before the High Court of Edo state Benin Coram Omorodion J. on the 31/1/1997 on information which set out the charges as follows: –

COUNT ONE: –

Conspiracy punishable under Section 516 of the Criminal code Cap. 48 Vol.II of the Laws of Bendel State 1976 applicable to Edo State.

COUNT TWO: –

Forgery punishable under Section 467 of the Criminal Code Cap. 48 Vol. II of the Laws of Bendel State 1976 applicable to Edo State.

They both pleaded not guilty to the two charges and O. V. Ilebude of counsel for the 1st accused/1st appellant holding brief for Afolabi learned counsel for the 2nd accused respondent applied that the bail of the two accused persons continues, which application was granted. There after trial commenced and the prosecution called 2 witnesses and tendered 9 Exhibits; and closed its case. The respective counsel for the two accused persons addressed the court and made a no case submission, submitting that the prosecution had not made out a case against the accused person urging the trial court to discharge them accordingly. The court in a considered ruling delivered on 29/7/98 overruled the no case submission of the two accused persons and called on them to enter their defence to the charges.

The accused persons dissatisfied appealed to this court against the ruling vide notices of appeal separately filed by each of the accused person/Appellant.

Parties filed and exchanged their respective briefs.

In the 1st Appellant’s brief he identified this issue from the sole ground of appeal.

“Having regards to the evidence presented in court by the prosecution whether the learned trial judge rightly overruled the no case submission made on behalf of the Appellant.”

Similarly the 2nd Appellant identified one issue from the sole ground of appeal he filed which is;

“Whether the learned trial judge was right to have held that the 2nd Accused Douglas Ijeh had a case to answer.”

The Respondent in his brief of argument settled by Omozeghian of counsel in the Director of Public Prosecution’s Office Ministry of Justice Edo State and deemed filed by this Court on the 20/3/2005 identified this issue;