EMMANUEL AYIKU vs. THE REPUBLIC

OFOE J.A:- I want to preface this judgment with a quote from the submission of the prosecutor from the Attorney General’s office. “Respectfully, your Lordships, I must submit that this was a case strenuously prosecuted by the Attorney General for which a judgment was given in our favour. As an attorney from the same chambers, my place would be to defend the hard won judgment. However my Lords, that is where my difficulty arises as I have gone over the records and judgment several times and find no basis for both the prosecution of the case as well as the judgment given by His Lordship Quist in the case. I am guided by the ethics of our profession as well as the prosecutors code to argue this appeal and ask that your Lordship allow the appeal on the same grounds as set out by the appellant”. Exceedingly gratifying and honourable decision to make. We would have been surprised if the state had attempted to defend this judgment. It’s unfortunate and we pray that extra vi...