(2002) JELR 44479 (CA)    

Court of Appeal  ·  CA/PH/263/96 ·  10 Jul 2002 ·  Nigeria
SYLVANUS ADIEWERE NSOFOR Justice of The Court of Appeal of Nigeria MICHEAL EYARUOMA AKPIRORH Justice of The Court of Appeal of Nigeria ABOYI JOHN IKONGBEH Justice of The Court of Appeal of Nigeria
Core Terms Beta
police officer
mr. e. obia
mr. s.a. mbara
serving police officer
accused persons
charge no. mnu
laws of eastern nigeria
learned judge
criminal appeal
criminal proceedings
inter alias
legal practitioners act
accused person
case file
mr. obia
constitution of nigeria
criminal case
decision of the magistrate
imo state
imo state high court of appeal
learned trial
legal practitioner
mr. mbara
provision of section
senior magistrate grade
suit no.
act cap
competence of the police lawyer
counsel of the accused persons
counts of the charge
criminal code cap
deputy superintendent of police
director of public prosecution
double appeal
fiat of the attorney-general of imo state
honourable attorney-general
laws of federation of nigeria
owerri high court of appeal n.o. adigwer j.
permission of this court
police office
prosecuting police inspector
public service of the federation
record shows
salaried federal public officer
s. a. mbara esq of counsel
section 516a
virtue of sub-section

SYLVANUS ADIEWERE NSOFOR, J.C.A. (Delivering the leading judgment): This is a double appeal from the decision by the Owerri High Court of Appeal N.O. Adigwer J. in Suit No. HOW/4CA/94 on the 3rd of April, 1996 on an appeal thereto from the decision of the Magistrate's court, of Imo state holden in Nwaoriebi on the 7th of February 1994 in charge No. MNU/59C/94. The appeal raises a question of the competence of (i) the Notice: of criminal Appeal signed and filed on the 14th of February, 1994 by a serving Police officer/Lawyer and, (ii) the Deputy Superintendent of police/Lawyer appearing as Counsel, to prosecute the appeal.

I shall state the antecedent facts leading to the ppeal in some detail. The respondents herein were the accused persons in charge No. MNU/75C/93. They were charged with various offences in the five Counts of the charge. Count 1 of the charge charged them with conspiracy to commit a felony to wit stealing contrary to Section 516A (a) of the Criminal Code Cap. 30. Vol.…

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