Ishmael Amaefule & Anor V. The State (1988)

LawGlobal-Hub Lead Judgment Report

B. WALI, J.S.C.

On 22nd February 1984 the two appellants along with 7 others were arraigned before the Chief Magistrate’s Court on a six count charge of conspiracy, stealing, forgery and destruction of evidence. They all pleaded not guilty to the charges and also elected to be tried summarily. The case was then adjourned to 27th April 1984.

On 24th April 1984 the record of the learned Chief Magistrate reads –

“Accused persons present.

Insp. Asajioku for prosecutions.

Mr. B.A. Njemanze for the 1st and 2nd Accused.

D Mr. N. Okoronkwo for 5th, 6th, 7th, 8th and 9th Accused.

Mr. Obizue for 3rd and 4th Accused.

COURT: Case adjourned to 29th June 1984.

(Sgd) R. A. Wilson (Mrs.)

CHIEF MAGISTRATE”.

As the record shows, the case came up on 18th January 1985 (but not on 29th June 1984 as it was scheduled to), the prosecution was on that date represented by Sergeant Eke, the 1st and 2nd accused by G .C. Iwuh, the 3rd and 4th accused by Obizue while the 5th, 6th, 7th, 8th and 9th accused were represented by Okoronkwo. The learned Chief Magistrate on that date remarked that-

“Prosecution informs court that the case is still with the Director of Public Prosecutions who called for it. Director of Public Prosecutions should prosecute the case as it seems the file is not coming back and it is not fair for the parties to continue wasting time in this court. The original case file or any other document relating to this case be transmitted to the D.P.P. for necessary action. Inventory of Exhibits to be also forwarded.

Case adjourned sine die.”