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TONY AZUBUIKE v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-43512(CA)

In The Court of Appeal of Nigeria

On Friday, the 19th day of January, 2018

CA/L/702C/2017


Before Their Lordships

MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria

JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria


Between

TONY AZUBUIKE - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on No Case Submission.

FACTS:
The appeal is against the Ruling of the Lagos State High Court sitting in Ikeja delivered by HON. JUSTICE K.A. JOSE on the 4th October, 2017.

Background facts are simply that the Appellant was arraigned by the Respondent on a two count 2nd Amended charge of conspiracy to steal contrary to Section 516 of the Criminal Code Cap C17 Vol. 2, Laws of Lagos Sate of Nigeria, 2003 and Stealing contrary to Section 380 (8) (b) of the Criminal Code, Cap C17 Vol.2, Laws of Lagos Sate of Nigeria, 2003.

The Appellant along with 5 others were alleged to have stolen 21,400 bags of sugar valued at N96,000,000.00 (Ninety six million naira) only. The prosecution called a total of 6 witnesses in proof of the charge. The Appellant was the 2nd defendant at the trial Court. After the close of the case for the prosecution, the Appellant made a No case submission and after due consideration, the trial judge dismissed the no case submission and called on the Appellant to enter his defence. This aggrieved the Appellant thus, this appeal.



ISSUES:
The Court determined the appeal on the Appellant's sole issue as follows:
Whether from the totality of the prosecution's evidence in support of the charges against the Appellant, a case is made out against him sufficiently to require him to make a defence.


DECISION/HELD:
In the final analysis, the Court held that the appeal lacked merit and it was accordingly dismissed. Consequently, the ruling of the trial Court was affirmed.


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