Mr. Christian Spiess V. Mr. Job Oni (2016)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

Mr Job Oni was the complainant before a Kaduna State Chief Magistrates Court, holden at Makera, Kaduna State (trial Court). In his evidence he stated that he knew Mr. Christian Spiess, the accused/appellant, and that he used to work for CONDEM (the accused’s company) from time to time as a carpenter. The business of the company, he said, was that of making of satellite dishes sometime in 1999, the appellant was charged before the trial Court as follows:

“Count 1:-

That on or about the 18th day of July, 1999 at No. 8 Block 3, Gafai Street, behind Kaduna ile Limited, Kaduna, you commit (sic) criminal Trespass by entering into the above named premises, then in possession of Job Oni and dismantled a Satellite Dish then in possession of Job Oni, and thereby committed an offence punishable under Section 348 of the Penal Code.

Count 2

That you, on or about the 18th day of July, 1999 at No. 8 block 3 Gafai Street, behind Kaduna ile Limited, committed the theft of a Satellite Dish by taking it out of the possession of Job Oni and thereby committed an offence punishable under Section 287 of the Penal

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Code.

Appellant pleaded not guilty in each of the two counts. Evidence was taken by the trial Court. At the end of trial, the appellant was discharged and acquitted on count 2 of the charge on ground that the offence of theft was not proved against the appellant. The appellant was however found guilty of the 1st count charge of criminal trespass and was convicted and sentenced to three (3) months imprisonment or two thousand Naira (N2,000.00) fine in the alternative.

Appellant appealed to the Kaduna State High Court on the conviction and sentence handed down to him by the trial Court. After revising the whole case, the High Court exercising its appellate jurisdiction affirmed the conviction and sentence of the trial Court.

Dissatisfied further the appellant appealed to the Court of Appeal (Court below). The Court below dismissed the appeal.

Appellant finally lodged his appeal to this Court. He filed his Notice of Appeal which contained three grounds of appeal.

In this Court learned counsel for the parties filed their respective briefs of argument. Learned counsel for the appellant formulated the following sole issue for the determination of this Court:

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