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ATUTU & ORS
V.
STATE

(2013) JELR 48609 (CA)

Court of Appeal 19 Nov 2013 Nigeria
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Case Details

Suit Number:CA/C/76C/2012
Judges:MOHAMMED LAWAL GARBA JCA CHIMA CENTUS NWEZE JCA ONYEKACHI A. OTISI JCA
Counsel:P. S. Ekpo For the Appellant. Okoi Ukam, Ministry of Justice, Calabar For the Respondent.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of Cross River State sitting at Ogoja in the four (4) counts charge No. HJ/2C/2011 against the Appellants by which the no case submission made for the Appellants was overruled and they were called upon to enter their defence in the case. From the information in the charge, the facts of the case against the Appellants are that they, on the 10/5/2010, at Oloko-Agwape village in Yala Local Government Area, conspired to and unlawfully assembled, caused malicious damage and stole a motorcycle, 12 goats, two (2) bicycles and bush meat, property of Oganode Awoko Ipuole. Five (5) witnesses testified for the prosecution at the trial and, at the end of their evidence, a no case submission was made on behalf of the Appellants, ruling on which resulted in the present appeal as stated above.

The Appellants' notice of appeal filed on the 12/3/2012, contains seven (7) grounds of appeal…

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