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MOMOH JIMOH MEDINAT v. COMMISSIONER OF POLICE

(2017) LPELR-43292(CA)

In The Court of Appeal of Nigeria

On Tuesday, the 7th day of November, 2017

CA/A/134C1/2017


Before Their Lordships

ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria

TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria

MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria


Between

MOMOH JIMOH MEDINAT - Appellant(s)

AND

COMMISSIONER OF POLICE - Respondent(s)


Summary

INTRODUCTION:
This appeal borders on No Case Submission.

FACTS:
This is an appeal against the judgment of the High Court of Kogi State. The appeal emanated from the Chief Magistrate's Court of Okene.

The appellant was the 3rd accused person of three accused persons who were arraigned before the trial Court. The appellant was charged with the offences of Joint Act, Criminal Trespass, Mischief and Criminal Intimidation contrary to Sections 79, 348, 327 and 397 of the Penal Code. The prosecution tendered exhibits and called five (5) witnesses. Counsel to the appellant made a "No Case Submission". Thereafter, the Court discharged the appellant on the Joint Act and Criminal Trespass but charged the appellant for the offence of mischief and criminal intimidation.

Being dissatisfied with the decision of the Chief Magistrate's Court, the appellant appealed to the High Court of Justice, Okene, sitting in an appellate capacity. The High Court upheld the decision of the Chief Magistrate's Court, dismissed the appeal and directed the appellant to enter her defence at the trial Court. Appellant further appealed to the Court of Appeal.

ISSUES:
The following sole issue was resolved in the appeal:
Whether the Appellate High Court of Justice, Okene, was right in overturning the no case submission made by the Appellant and in holding that a prima facie case has been established against the Appellant.
DECISION/HELD:
In conclusion, the appeal was dismissed. The Court of Appeal ordered that the appellant appear before the trial Court to enter her defence to the offences with which she was being tried.


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