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

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