JIMI OLUKAYODE BADA, J.C.A.(Delivering the Leading Judgment): This appeal emanated from the Ruling of the High Court of Justice, Edo State in Suit No: B/7CA/2012 COMMISSIONER OF POLICE V. DR. S. I. UROGHIDE delivered on the 19th day of November 2012 wherein the lower Court dismissed the application of the Appellant which prayed for an order to strike out the Respondents appeal for being incompetent and an abuse of process.
Briefly, the facts of the case are that the Respondent who is a Benin based Legal Practitioner was charged before a Benin Magistrate Court with the offences of conspiracy and publishing defamatory matter.
At the end of the trial, the Respondent was discharged and acquitted in the conspiracy charge but convicted on the charge of publishing defamatory matter. He was then cautioned and discharged in the said second count.
The Respondent then filed an appeal against the conviction and caution.
The Appellant filed an application at the lower Court praying that the appeal by…