CORAM

OLABODE RHODES- VIVOUR    JUSTICE, SUPREME COURT

PARTIES

SAMUEL CHIDOZIE APPELLANTS

COMMISSIONER OF POLICE

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant along with two other co-accused persons were arraigned before a Lokoja Chief  Magistrate Court for the offences of criminal breach of trust, theft, criminal conspiracy and criminal intimidation, contrary to Section 97(1), 306,287,322 and 397 of the Penal Code. At the close of the prosecution’s case, the defence counsel made a Submission of No Case to Answer and same was upheld by the trial court in respect of all the offences except the offence of criminal intimidation, hence the Appellant was charged with that offence contrary to Section 397 of the Penal Code. At the end of the trial, the trial Chief Magistrate found the Appellant guilty of the offence of criminal intimidation and sentenced him to twelve months imprisonment or to pay an option of fine of N2, 000.00. Unhappy with the trial court’s conviction and sentence, the Appellant appealed to the High Court of Kogi State, Lokoja, sitting in its appellate jurisdiction which affirmed the Appellant’s conviction and sentence by the trial Court. Dissatisfied with the judgment of the intermediate court, the Appellant appealed to the Court of Appeal, Abuja Division which affirmed the decision of the two courts below. Further dissatisfied by the judgement of the lower court, the Appellant has appealed to this Court.

HELD

Appeal Dismissed

ISSUES

1. Whether having regard to the totality of the evidence adduced at the trial court below was right in affirming the conviction and sentence of the appellant?

2. Whether the prosecution has to prove physical injury to sustain the charge of criminal intimidation under section 397 of the Penal Code?

RATIONES DECIDENDI

CASES CITED

STATUTES REFERRED TO

Evidence Act, 2011 (as amended)Penal Code Law

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