Prince Adelusi Busuyi V. Commissioner Of Police (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

FATIMA OMORO AKINBAMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the Ekiti State High Court, Ijero-Ekiti Division (hereinafter referred to as the lower Court), sitting in its appellate jurisdiction, delivered by M.A. Agbelusi, J., on 8th November, 2013 in Suit No. HIJ/2CA/2013.

The brief background facts of this appeal are that, the appellant was charged with the offence of conducting himself in a manner likely to cause breach of peace, contrary to Section 249(d) of the Criminal Code Cap. 30 Vol. II Laws of Ondo State of Nigeria, 1978 as applicable in Ekiti State then.

Appellant was arraigned before the Senior Magistrate Grade II, Aramoko-Ekiti on a one count charge. During the trial of the appellant for the offence before the Chief Magistrate Court, the Respondent called six (6) witnesses and the appellant testified for himself in his own defence, and called two other witnesses and during the course of trial a number of exhibits were tendered by both the appellant and Respondent, and admitted by the trial Magistrate Court in proof and in refutation of the offence against the

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appellant. At the close of both parties? cases, both the appellant and the respondent?s counsel addressed the Court and the learned trial Magistrate delivered his judgment on the 30th day of January, 2013, wherein the appellant was convicted of the offence as charged and was sentenced to one month imprisonment, with an option of fine of N5,000:00 and to also enter a bond in the sum of N250,000:00 with a surety to maintain peace for 12 months from the date of judgment.

The appellant appealed to the lower Court against that decision vide a notice of appeal dated 28th day of February, 2013, and filed on the 11th day of March, 2013 upon four (4) grounds of appeal. Learned counsel for both parties addressed the lower Court in support of and against the appeal.

In his considered judgment delivered on 28th of November, 2013 the learned trial Judge sitting at Ijero-Ekiti in its appellate capacity held: –

?The Counsel argued and I agree with him that in this case, Police had no opportunity to investigate the defence of alibi. Counsel urged me to resolve this issue and hold that the defence of alibi lack merit. The presence of the

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accused was fixed at the scene of the crime. This was done by the evidence of PW iii, iv, and v. They even pleaded with him not to pad-lock the gate with their evidence, the prosecution had demolished the defence of alibi?

On the 3rd issue, none reliance on Exhibit D. This in no way affected the judgment of the Court below and the accused suffered no injustice…

In summation, the appeal lacks merit and it is hereby dismissed. For one thing the statement of PW iii, iv and v that the Counsel of the Appellant so much happed upon was not used in the lower Court to arrive at his decision. For another the lower Court based its decision on eye-witness account. I have demonstrated all these in the course of this Judgment and need not go over it again. I therefore dismiss this appeal as lacking in merit.? The conviction of appellant was affirmed.

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