COP
V.
ALI & ORS

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.…