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STATE
V.
ASUNMO & ORS

(2017) JELR 37950 (CA)

Court of Appeal 30 Jun 2017 Nigeria
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Case Details

Suit Number:CA/IB/331C/2014
Judges:CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria NONYEREM OKORONKWO Justice of The Court of Appeal of Nigeria
Counsel:Mrs. Ajala (D.D.P.P, M.O.J. Oyo State) For Appellant Tunde Gade for the 1st-3rd Respondents For Respondent

NONYEREM OKORONKWO, J.C.A. (Delivering the Leading Judgment): In a ruling delivered on 9th April 2014, the Oyo State High Court, per E. Esan J. upheld a submission of no case made on behalf of the respondents charged with conspiracy and stealing holding in respect of the charge of conspiracy thus:

"Sincerely, I find no indication that the accused person ever agreed amongst themselves to steal water meters. There is also no evidence from which it could be inferred that the accused persons came to any agreement in respect of the offences charged.

As a result and without much ado no prima facie case has been made out against the 4 accused persons to warrant them being called upon to defend themselves on the charge of conspiracy. Each accused is discharged under S. 286 CPL on the 1st count."

and in respect of the charge of stealing holding thus:

"it is important to note that before a Court arrives at the conclusion that an accused has a case to answer, the Court must be satisfied that there i…

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