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…

ADAMA V. STATE

ADAMA
V.
STATE