\ 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