Gani Ashiru V . The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the High Court of Justice, Ondo State sitting at Akure delivered on 10/07/2014 by O. O Akeredolu J.

The Appellant, a legal Practitioner, was arraigned before the Ondo State High Court on a two count charge of unlawfully holding himself out as the holder of a Chieftaincy title contrary to Section 18 (1) (a) and (b), (2) (a) . and (b) and punishable under Section 18 (6) of the Chiefs Law Cap 27 Vol. 1 Laws of Ondo State of Nigeria 2006 and for conduct likely to cause the breach of peace contrary to and punishable under Section 249 (d) of the Criminal Code Cap. 37, Vol. 1 Laws of Ondo State of Nigeria, 2006. The Appellant, pleaded not guilty to the charge and to prove its case, the prosecution called four (4) witnesses and tendered Exhibits.

At the close of the case for the prosecution, the Appellant made a No Case submission.

The Learned Trial Judge overruled the No Case submission in respect of Count 1 but upheld the no case submission in respect of Count 2.

Dissatisfied with the said Ruling, the Appellant at

first filed a Notice of Appeal containing nine (9) grounds of appeal in this Court on 10/9/2014 and by an Amended Notice of Appeal of 17/10/2014 filed two additional grounds of appeal, making a total of 11 grounds of appeal.

Appellant’s brief of argument dated 16/10/2014 was filed on 17/10/2014.

Respondent’s brief of argument dated 15/6/2015 and filed on 7/10/2015 was deemed filed on 4/11/2015.

Appellant nominated four (4) issues for determination. They are:

“1. Whether the Appellant was given fair hearing. Grounds 1, 10 and 11,

2. Whether the Learned Trial Judge was right in calling on the Appellant to enter into his defence in respect of the offence for which he was not charged having come into conclusion that the evidence before him does not support the charge under that law at that stage. Grounds 10 and 11.
3. Whether Learned Trial Judge in ordinate lengthy ruling is right and has not led to miscarriage of justice,
4. Whether the learned Trial Judge was right to have overruled the No Case submission on count 1.

Ground s 3, 4, 5, 6, 7, 8, 9 and 10.”

Learned Counsel for the Respondent formulated a sole issue for

determination, that is.