EDAKARABOR & ANOR
V.
COMMISSIONER OF POLICE, DELTA STATE

STANLEY SHENKO ALAGOA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of I.E. Ogbodu. J of the High Court of Justice Sapele delivered on the 15th January, 2004 in appeal No. HCI/1CA/200 1 - Commissioner of Police V. Chief Peter Tete and . 2 Ors in which the learned trial Judge upheld the ruling of the Chief Magistrate Court Abraka overruling the Appellants' submission of no case to answer at the close of the prosecution's case in charge NO.MAB/12C/98 and remitting the case back to the trial Chief Magistrate for continuation and determination. The facts leading to this appeal are as follows- The above named Appellants and one Peter Tete who is now late were charged on a four count charge in the Chief Magistrate Court at Abraka for various offences under the criminal code. The accused pleaded not guilty and the case went into trial with the prosecution calling five witnesses. At the end of the prosecution's case, the Appellants' counsel made a no case s…