Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2007) JELR 49381 (SC)    

Supreme Court  ·  SC.105/2000 ·  27 Apr 2007 ·  Nigeria
Other Citations
Tongo v. C.O.P. (2007) 12 NWLR (Pt.1049) 525 (2007) 4 S.C. (Pt III) 1 (2007) 4 S.C. (Pt III) 1
Tongo v. C.O.P. (2007) 12 NWLR (Pt. 1049) 525
UMARU ATU KALGO Justice of The Supreme Court of Nigeria GEORGE ADESOLA OGUNTADE Justice of The Supreme Court of Nigeria ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
prima facie case
accused person
case submission
1st appellant
2nd appellant
close of the prosecution
evidence of the prosecution
benin city
no-case submission
accused persons
court of appeal
high court
good faith
appellants' counsel
block wall fence
defence of bonafide claim
conclusion of the case
laws of bendel state of nigeria
learned magistrate
respect of the 1st appellant
2nd gallick avenue
above extract of the evidence of pw1
considered ruling
court of trial shows
criminal appeal
criminal trial
defence counsel
defence of bona-fide claim
edo state judiciary
first appellant
hearing of the case
lines of the following section
parcel of land
property of madam ehisiemwen odiase
said evidence
said fence
said issues
separate briefs
such discredit
trial magistrate
view of the facts of the case
worship magistrate e.i. ikponmwonba

G. A. OGUNTADE, J.S.C (Delivering the Leading Judgment): This criminal appeal has a long history. On 25/02/92, the appellants were charged before His Worship Magistrate E.I. Ikponmwonba (Mrs.) of Edo State Judiciary sitting at Benin City. The charge brought against them reads:

"That you Sunny Tongo (m) and Helen Tongo (f) on or about the 16th day of February, 1991 at Plot 88, 2nd Gallick Avenue, Off Siluko road, Benin City in Benin Magisterial District, willfully and unlawfully damaged block wall fence valued ₦2,000.00 property of Madam Ehisiemwen Odiase (f) and thereby committed an offence punishable under section 451 of the Criminal Code Cap. 48 Vol. 2, Laws of Bendel State of Nigeria, 1976."

Each of the appellants pleaded not guilty to the charge. The hearing of the case commenced on 25/05/92. The prosecution called four witnesses after which the appellants' counsel Mr. A.N.A. Igbinovia made a no case submission on 31/8/92. On 22/9/92, the learned Magistrate in her ruling overruled…

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