transformer valued N3 .5Million and 19 pieces of electric armature valued N3,040 million . All valued Nl,50030 Million property of C.C. Akanonu & Sons Ltd Awka and thereby committed an offence punishable under Section 75 of Criminal Code Cap 36 Vol II Laws of Anambra State of Nigeria 1991. A plea of not guilty was entered by the two defendants at the court below and the prosecution commenced in earnest with the Police Prosecutor calling three witnesses and tendering exhibits before closing its case w ith the witnesses fully cross examined by the learned defence counsel. At the close of " the prosecution' s case, the defence made a No Case Submission which was refused by the learned Magistrate . The Appellants have appealed to this court vide Notice of Appeal dated 25/1/2013 but filed on 29/1/2013 . The . Notice of Appeal contains two grnunds of Appeal which without their particulars read as follows: Ground One : Misdirection by overru ling the Appellants no case submission Ground Two : Error in law by assuming jurisdiction to hear t_he charge . In line with the rules of this court the learned counsel on behalf of the parties filed and exchanged written addresses . At the hearing of this rlppeal on the 9th day of October 2018 the learned counsel for the defendants/ Appellants adopted the written address of the defendants/Appellants dated 10th of th December 2013 but filed on 11 December 2013 as his argument in this appeal and urged the court to allow the appeal in the interest of justice. On the part of the Respondent, the learned Respondent's counsel; Akwali Edmund Esq did not appear to adopt his brfef of argument, but this court in the best interest of justice and practice deemed his brief of argument dated and This is the Judgment deliver ed by Hon . ju stice D.A. Ony efulu on 3/12/2018 Page 2

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