However as at the time fiat was issued, the statutory
period for the appellant to appeal against the
judgment, had already elapsed. As such the appellant
by a Motion No. SS/M.237/2021 which was heard
by this court presided over by Hon. Justice Bello
Duwale delivered it’s ruling on 1/7/2021 extending
time within which the appellant may file it’s notice of
appeal to challenge the decision of the trial court.
Consequently, on 2/7/2021, the appellant filed its
notice of appeal as well as grounds of appeal to
challenge the judgment of the trial court. From the
three {3} grounds of appeal filed by the appellant, the
appellant submitted two {2} issues for determination
in this appeal and are hereby reproduced below as
follow:1. Whether the appellant {the prosecution at the
trial court} called evidence against the
respondent in proof of the offences charged to
warrant the trial court to have convicted the
respondent as charged instead of entering an
order of discharge and acquittal as effected
by the trial court in its judgment delivered on
the 31st day March, 2021
2. Whether the trial court properly evaluated
the evidence led before it by both the
appellant and the respondent before the trial
court discharged and acquitted the
respondent of the offences.”
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