T. O. AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal of the appellant against the judgment of Rivers state High Court (CORAM: HON. JUSTICE A. W. JUMBO) delivered on 17/3/2010 in a criminal appeal from the decision of magistrate J.M. J. Elenwo.
The appellant was arraigned, tried summarily and convicted by the Kpor Magistrate's Court for the offences of conspiracy, Breaking and Entering and Stealing in charge Nos. KMC/76C/98, KMC/79C/98, KMC/98C/98 and KM/73C/98.
The appellant who was dissatisfied with his conviction appealed to Rivers State High Court, Port Harcourt. The learned Appellate judge after adoption of briefs by parties to the appeal delivered judgment on 16/3/2010 inter alia thus:
"From the above, it is obvious that the learned trial Magistrate exceeded the limit of his jurisdiction to impose sentence. This court is jurisdictionally competent to set aside the sentences imposed by the lower court and substitute same with the c…