CaseLaw
Okereke Vs. James (2012) CLR 6(f) (SC)
Judgement delivered on June 15th 2012
Brief
Facts
The proceedings from which this appeal arose commenced in an Abia State Customary court presided over by three lay members. In that court, the charge against the respondent read:
That you, Kalu James of Obiene Ututu in the Customary Court. District of Ore - said (sic) being a taxable adult did fail to pay the sum of N400 being levy and present (sic) imposed on taxable adults (male and female) in Ututu Community for settlement of refugees displaced from their homes and thereby committed an offence punishable under Section 14 (third schedule) column B, line 6 of the Customary Court (Amendment) Edict No. 10 of 1986.
The accused person/respondent pleaded not guilty. After a trial, he was sentenced to two weeks imprisonment or in the alternative to pay a fine of N50 (fifty naira), In addition, the court ordered the respondent to pay the sum of N400 levy to the chairman, Ututu Development Union.
The High Court sitting at Ohafia, in Abia State confirmed the decision of the Customary court. On further appeal to the Court of Appeal, that court set aside the judgment of the High Court, acquitted and discharged the respondent and ordered that the sum of N400 paid by the respondent be returned to him.
This appeal is against that judgment.
Issues
Whether the appellant's Notice of Appeal is incompetent having been filed out of...