CaseLaw
Oko V. State (2017) CLR 5(e) (SC)
Judgement delivered on May 5th 2017
Brief
Facts
The Appellant and thirteen (13) persons (the co-accused) were charged for the offences of conspiracy contrary to Section 520(6), unlawful assembly contrary to Section 70, Malicious Damage contrary to Section 451 and stealing contrary to Section 390(9) of the Criminal Code, Cap C16, Vol. 3, Laws of Cross River State of Nigeria, 2004. The information which was not dated can be found at pages 2-3 of the Record. There is nothing on the Record to show that the information was preferred by the direction or consent of a Judge of the High Court of Cross River State as required by Section 309(2) (b) of the Criminal Procedure Law, Cap C17 Laws of Cross River State of Nigeria, 2004 (the "CPL")
The appellant and the co-accused persons were arraigned on June, 30, 2011 before the Trial Court for the offences mentioned in Paragraph 2.1 hereof. The appellant was arraigned as the 11th accused.
The brief facts of the case as can be gleaned from the counts of the information are that on May, 2010, at Oloko-Agwape Village in Yala Local Government Area of Cross River State, the appellant with the co-accused persons allegedly conspired to and unlawfully assembled, caused malicious damage to three (3) zinc houses and four (4) huts, property of Ogamode Awko Ipuole and stole a Daylong Motorcycle, twelve (12) goats, two (2) bicycles and bush meat, property of Ogamode Awoko Ipuole.
At the Trial Court.
The matter first came up before the trial Court on March 11, 2011 but the arraignment of the Appellant did not take place on the said date. The matter suffered four (4) further adjournments before the appellant was finally arraigned. The appellant attended Court on the said dates. On June 30, 2011, when the appellant was arraigned along with the co-accused person, the record shows as follows:
PLEA:
Count 1 read to the accused person in English Language. Each of the 14 accused persons says he/she understands the charge and pleads not guilty.
Count 2 read to the accused persons in English Language. Each of the 14 accused persons says he/she understands the charge and pleads not guilty.
Count 3 read to the accused persons in English Language.
Count 4 read to the accused persons in English Language.
Each of the 14 accused persons says he/she understands the charge and pleads not guilty.
The respondent called five witnesses who testified as PW1, PW2, PW3, PW4, and PW5. The respondent's witnesses also rendered several items and documents which were admitted by the trial Court and marked as Exhibit "1 to 25". The respondent thereafter closed its case.
When the case came up on February 7, 2012 at the trial Court, the following transpired:
The written "No cases submission" filled by counsel to the appellant can be found at pages 40-51 of the Record while the reply filed by the respondent can be found at pages 52-55 of the record. There is no indication on the Record that the respondent adopted its Reply or that the Written "No case submission" and the Reply were read in the open Court. On March 5, 2012, the trial Court delivered the Ruling overruling the "No case submission" and consequently called upon the appellant to enter his defence.
The appellant was dissatisfied with the Ruling of the trial Court and thus, filed his Notice of Appeal.