Zack Okemini v. Commissioner Of Police (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the leading judgment)

This is an interlocutory appeal against the judgment of the Court of Appeal, Enugu Division Coram: Amiru Sanusi, Tom Shaibu Yakubu and Emmanuel Akomaye Agim, JJCA which sat on appeal against the decision of the High Court of Justice, Ebonyi State which sat on appeal against the decision of the Chief Magistrates’ Court, Abakaliki.

The appellant in this appeal was charged with unlawful possession of firearms-punishable under section 3(1) of the Firearms Act (Cap. D28) Laws of the Federation of Nigeria, 2004 and he pleaded not guilty and elected summary trial in charge No: MAB/367C/2011.

Upon the arraignment of the appellant at the Chief Magistrates’ Court Abakaliki, the defence counsel applied to the court to direct the prosecution (the respondent in the instant appeal) to serve the defendant with the “proofs of evidence”.

The application was refused by the learned trial Chief Magistrate. Being aggrieved by the decision of the learned trial Chief Magistrate, the appellant lodged an appeal at the High Court of Ebonyi State which was dismissed on the 2nd day of July, 2012.

Dissatisfied with the judgment of the High Court of Ebonyi State, the appellant further appealed to the Court of Appeal, Enugu Division.

In its judgment of 4th July, 2014, the Court of Appeal dismissed the appellant’s appeal. The appellant has further appealed to this court on the following grounds:

Ground I

The lower court erred in law when it held that section 36(6)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) does not accord the suspect or accused person, as the case may be, the right of having police investigation report, holding that the only duty of the prosecution to the accused person at the Magistrates’ Court trial is to make the charge sheet available to the accused person or his counsel.

Ground II

The lower court erred in law when it failed to review the case and authorities presented by the parties in the case before arriving at its decision and thereby occasioned miscarriage of justice.

The appellant in his brief of argument settled by Luke .O. Nkwegu, Esq. formulated two issues for determination to wit:

1. Whether by virtue of section 36(6)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the appellant as the accused person was not entitled to request and be given his extrajudicial statements, those of his witnesses and those of the complainant and their witnesses.
2. Whether the lead judgment of the lower court not being supported by any reason is a proper judgment.

The respondent in its brief of argument settled by Rt. Hon. Augustine N. Nwankwagu, Attorney-General/Commissioner for Justice, Ebonyi State with the leave of this court adopted the issues for determination as contained in the appellant’s brief.

After reading the record and arguments of both counsels, I have distilled a sole issue for the determination of this appeal.