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AFRICAN NEWSPAPERS OF NIGERIA & ORS
V.
FRN

(1985) JELR 42542 (SC)

Supreme Court 4 Apr 1985 Nigeria
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- The Supreme Court held that the Federal High Court lacked jurisdiction to try the appellants on criminal charges under sections 51(1)(c) and 59(1) of the Criminal Code, as its jurisdiction is limited to matters expressly conferred by sect

Case Details

Suit Number:SC.33/1984
Judges:SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria DAHUNSI OLUGBEMI COKER Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Counsel:Mr. G. O. K. Ajayi ( with him, Miss. Ayo Ogunsola, Mr. Dolu Segan and Mr. Ademola Folarin)Mr. J. O. Awopeju ( with him, Mr. A. O. A. Awopeju) Mr. Olaniwun Ajayi For Appellant Mr. A. A. Oladapo for D. P. P. Federal Republic of Nigeria ( with him, Mrs. E. O. Williams Dawodu) For Respondent
Other Citations:African Newspapes v. Nigeria (1985) NWLR (Pt.6)137 (1985) 1 S.C. 127, (1985) 2 NWLR (Pt. 6) 137, (1985) JELR 74854 (SC)

A. N. ANIAGOLU, JSC (Delivering the Leading Judgment): The simple issue in this appeal is the jurisdiction of the Federal High Court to try the appellants on a three-count charge brought against them, in the said Federal High Court, by the Director of Public Prosecutions of the Federation, on 10th September, 1981.

The three counts were for:

(a) Seditious publication contrary to section 51(1)(c) of the Criminal Code Act Cap.42;

(b) Publication of false news with intent to cause fear and alarm to the public, under section 59(1) of the Criminal Code; and

(c) Publication of false news likely to disturb public peace contrary to the same section of the Criminal Code.

The full charges with their particulars read: and thereby committed an offence punishable under section 51(1)(c) of the Criminal Code. Cap.42 Laws of the Federation of Nigeria.

COUNT 1

That you, (1) the African Newspapers of Nigeria Limited, (2) Banji Ogundele and (3) Felix Adenaike, on or about the 28th day of July 1981, a…

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