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NWANKWO
V.
SHITTA-BEY

(1999) JELR 70652 (CA)

Court of Appeal 7 Jul 1999 Nigeria
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Case Details

Judges:GEORGE ADESOLA OGUNTADE. J.C.A. (Presided), SULEIMAN GALADIMA, J.C.A., PIUS OLAYIWOLA ADEREMI, J.C.A. (Read the Leading Judgment)
Counsel:C.I. Mbama, Esq. - for the Appellant A. Oshinusi (Miss) - for the Respondent
Other Citations:(1999) 10 NWLR (Pt. 621) 75

ADEREMI, J.C.A. (Delivering the Leading Judgment): The case of the applicant/ appellant, a trader, is that following the refusal of three men to pay for the clothes she had earlier, at their request, cut for them, she solicited for the help of the Police who after almost treating her as a suspect eventually arraigned the said three men before the Magistrate Court under Section 125A(1) (b) of the Criminal Code. After the close of the prosecution case and on a No-Case submission, the Magistrate Grade III in what he captioned as "Judgment" made the following findings:-

"I have carefully considered the evidence of both the prosecution and the defence. I found that the charge against the accused persons have not been proved beyond reasonable doubt... It is clear that P/W5 should be held responsible for the making of the receipt. The accused persons are therefore discharged and acquitted of the charge of making false statements under Section 125A of the Criminal Code.

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