\

IN TH E HIGH COURT OF ANAMBRA STATE OF NIGERIA
IN THE HIGH COURT OF AWKA JUDICIAL DIVISION
HOLDEN AT AWKA
BEFO RE HIS LORDS HIP HON . JUSTIC E D.A. ONYEFULU
O N M O NDAY THE

3 RD

DAY OF DEC EM BER, 2018
APPEAL NO : A/1 3CA/2013

BETWEEN :

~:

~~~~!~~~S~ADU

J : : : : : : : : : : : : •:: : : : : : : : : : : :

APPELLANTS

AND
COMMISSIONER OF POLICE :::::::::::::::::::: ::::::::: :::::::::::: RESPONDENT

JUDGMENT
This is an Appeal against the Rul ing of the Chief Mag istrates Court Awka
delivered on the 25

th

day of January 2013 in Charge No MAW /152C/2012 in

COMMISSIONER OF POLICE v CHINEDU MMADU & ANOR refusing the No Case
Submission made by the learned Appellants ' Counsel. It will be recalled that in
that charge at the court below, the Pol ice had proferred a two count charge
wh.ich reads thus :
Count I - that you Chinedu Mmadu 'M ' 2nd Peter Obasi on the 25

th

day of April

2012 at about 0630 hours at Amawbia in Awka Magisterial District did
conspired among yourselves to commit felony, to wit : Stealing and therepy
committed and (sic) offence punishable under Section 49S(a) of the Criminal
Code Cap 3~ Vol II Revised Layvs of Anambra State 1991."
Count II -

that you Chinedu Mmadu 'M' and Peter Obasi 'M ' on the

aforementioned date, time and place in Awka Magisterial district did unlawful
attempt to steal the following items (1) One flat mobile workshop valued
Nl,950,000.00

(2) One roller muller machine valued Nl,850,000.00 (3) One

This is the Judgment delivered by Hon. Justice D.A. Onyefulu on 3/12/2018

Page 1

Select target paragraph3