filed on 7/3/2014 as duly adopted before thi s cou rt as what is paramount is to
see that justice is done at the end of the day.
The appellants in their written address introduced the matte r and form ulated
two issues for determinat ion from the two grounds of appeal.
The two issues are :
i.
Whether the lower Court has jurisdiction to the offence wh ich J he
Appellants were charged .
ii.
Whether the Respondent made out a prima facie case ag~inst the
Appellants .
In his arguments under issue one, learned Appellants ' counsel argues that from
the evidence of the Pwl el icited under cross exam ination shows that the
alleged dismantled transformer is a public property owned by PHCN ,a Federal
Government Parastatal and any offence re lating to it comes under Section 1 of
Miscellaneous Offences Act Cap Ml 7 which confers exclusive jurisdiction over
such offences on the Federal High Court. He goes on to cite and quote Section
1(1) of the Act. According to counsel, this means that the Magistrate Court is
robbed of jurisdiction to try this offence as the Respondents brought the
charge under Section 75 of the Criminal Code which is of general provision
while the Miscellaneous Offences Act makes it mandatory that such an offence
should · be heard by the Federal High court alone . This makes the charge
defective ab initio.
On issue two, learned counsel argues that the Respondent failed to make out a
prima facie case against the Appellants as they failed to make out the elements
of conspiracy which he lists, and cites the judicial authority of IBRAHIM v STATE
(2011) 1 NWLR part 1227, 1 at 33. He also refers the court to the evidence of
the Pwl to Pw4 which failed to show the elements of conspiracy and
wondered where the lower court got its unresolved issues it wanted the
This is the Judgment delivered by Hon. Justice D.A. Onyefulu on 3/12/2018
Page 3