OLAGUNJU, JCA (Delivering the Lead Judgment): This is an appealby the prosecution from the order discharging the three accused persons, the respondents herein, of the criminal charges for the offences for which they were standing trial upon the plea of no case submission by the defence following the inability of the prosecution to continue the case on the date to which it was adjourned for continuation. The context in which the discharge of the accused person arose is as follows. The 3 respondents were arraigned before Itam, J., at Calabar Judicial division of the Cross River State High Court for the offences of conspiracy to steal, stealing and attempt to steal contrary to sections 518(6), 390(9) and 509, respectively, of the Criminal Code, Cap. 31 of the 1983 Edition of the Laws of Cross River State. On 9/12/96 the accused pleaded not guilty to the charges. The trial began on 20/1/97 and continued until after 28/7/97 when the learned trial Judge was transferred to Ogoja judicial d…
STATE
V.
DUKE
(2002) JELR 53771 (CA)
Court of Appeal 26 Jun 2002 Nigeria
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Case Details
Suit Number:CA/C/57/2000
Judges:DENNIS ONYEJIFE EDOZIE, JCA (Presided) SIMEON OSUJI EKPE, JCA SULE AREMU OLAGUNJU, JCA (Read the Lead Judgment)
Counsel:B. T. Ebuta, Esq., Deputy Director of Public Prosecutions (with him
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I. Henshaw, Esq., Senior State Counsel) - for the Appellant. G O. Onyebueke, Esq., - for the 1st Respondent.
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Chief N. O. Nsefik - for the 2nd Respondent.
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S. A. Mgbe, Esq - for the 3rd Respondent.
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