JOHN EBHODAGHE VS MR. MIKE OKOYE
June 10, 2025CHIBUZOR N. ZIGGY AZIKE V CHIEF IFEANYI GODWIN ARARUME & ORS
June 10, 2025Legalpedia Citation: (2004) Legalpedia (CA) 48812
In the Court of Appeal
Thu Dec 9, 2004
Suit Number: CA/A/57C/2000
CORAM
FATAI-WILLIAMS, JUSTICE SUPREME COURT
PARTIES
EMMANUEL ABARSHI APPELLANTS
COMMISSIONER OF POLICE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Accused/Appellant was charged before the Chief magistrate Court, Wuse during the First Information Report (FIR) of stealing contrary to Section 289 of the Penal Code to which he pleaded not guilty. The Chief Magistrate found that a prima facie case was made against the Accused/Appellant and charged him of criminal breach of trust contrary to section 312 of the Penal Code. The trial Chief Magistrate conducted the trial of the Accused/Appellant in Chambers but gave judgment in an open Court and sentenced the Accused/Appellant to a term of 12 months imprisonment with an option of fine of N1000. Dissatisfied with the trial Court’s decision, the Accused/Appellant appealed to the High Court where the appeal was dismissed thus culminating into a further appeal to the Court of Appeal.
HELD
Appeal Allowed.
ISSUES
Whether the trial and conviction and the subsequent Judgment of the High Court is not invalid, null and void and of no effect.
RATIONES DECIDENDI
GROUND OF APPEAL-EFFECT OF GROUND OF APPEAL FROM WHICH NO ISSUE HAS BEEN DISTILLED
“It is trite that for a ground of appeal to be relevant for consideration in an appeal, an issue must be formulated from it. Where no issue is formulated from a ground of appeal, as in the instant case, it is deemed as abandoned and therefore liable to be struck out.” PER BULKACHUWA, JCA
CASES CITED
African Petroleum Ltd vs Owodunni (1991) 8 NWLR (Part 201) 391;Madagawa vs State (1988) 5 NWLR (Part 92) 80;Nigerian Arab Bank Ltd vs Barri Engineering Nigeria Ltd (1995) 8 NWLR (Part 413) 257;Okoye vs Nigerian Construction & Furniture Ltd (1991) 6 NWLR (Part 199) 501.Oviasu vs Oviasu (1973) All NLR 730;Oyeyipo vs Oyinloye (1987) 1 NWLR (Part 50) 356Salawu Vs Adza (1997) 11 NWLR (Part 527) 14
STATUTES REFERRED TO
Criminal Procedure CodeThe 1999 Constitution of the Federal Republic of NigeriaThe 1979 Constitution of the Federal Republic of Nigeria
