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ADAMA
V.
STATE

(2017) JELR 39724 (SC)    

Supreme Court  ·  SC.69/2014 ·  5 May 2017 ·  Nigeria
 · 
Other Citations
Adama v. State (2018) 3 NWLR (Pt. 1605) 94
CORAM
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
trial court
trial
case submission
court of appeal
criminal procedure law
fair hearing
issues
learned trial judge
written address
accused person
decision of the court
laws of cross river state of nigeria
consent of a judge
entire trial
fair hearing of the appellant
judgment of the court
learned counsel
purported arraignment
ruling of the trial court
taking of the plea of the appellant
brief of argument
entire circumstances of this case
first time
no case submission
provision of section
such circumstances
appeal no. ca
appellant arraignment
arraignment issue
arraignment of the accused
available evidence
behalf of the appellants
decision of the learned trial judge
evidence of pw1
facts of the case
following issues
jurisdiction issue
learned justices of the court
leave of the court
nullification of the proceedings
police station
ruling of the court of appeal
ruling of the high court of cross river state
said sub-section

SIDI D. BAGE, JSC (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of the Court of Appeal, Calabar Judicial Division delivered on the 19th day of November, 2013, in Appeal No. CA/C/76C/2012. The Court of Appeal affirmed the ruling of the High Court of Cross River State sitting at Ogoja.

The appellant, Oko Ogar Adama along with 13 other accused persons were arraigned before Justice E. E. Ita of Cross River High Court, charged with conspiracy, unlawful assembly, malicious damage and stealing contrary to Sections 20(6), 70, 541 and 390(9) of the Laws of Cross River State of Nigeria 2004 respectively.

The appellant and the other 13 accused persons denied both counts.

At the trial, the prosecution called a total of five (5) witnesses while a no case submission was made on behalf of the appellants. After hearing and evaluation of the testimonies of the five witnesses, the learned trial judge over-ruled the no case submission and requested the appellants to enter their de…

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