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AKABOGU
V.
STATE

(2016) JELR 36795 (CA)

Court of Appeal 21 Apr 2016 Nigeria
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- This is an appeal against a ruling refusing to stay proceedings pending the supply of proof of evidence to the accused appellant. - The accused appellant was charged with forgery, uttering forged documents, and stealing. - The notice of t

Case Details

Suit Number:CA/E/32C/2015
Judges:HELEN MORONKEJI OGUNWUMIJU JCA MASSOUD ABDULRAHMAN OREDOLA JCA MISITURA OMODERE BOLAJI-YUSUFF JCA
Counsel:I. Aroh with A.C. Nzeka, N. A. Ozordi (Miss) and M. U. Uzuegbuna (Miss) For the Appellant; Damian Njoku-Umeh (Deputy Superintendent Police-Legal Officer NPC Enugu) For the Respondent.

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice P. I. Enejere of the High Court of Enugu State in charge No. E/67C/2014 delivered on 19/6/14 refusing to stay proceeding pending the supply of proof of evidence of the charge to the Accused Appellant. The facts that led to this appeal are as follows:

The Accused/Appellant was charged on 7 counts of forgery, uttering forged document, and stealing. While counts 1-3 are charges of forgery, counts 4-6 are on uttering forged document and count 7 is on stealing. He was admitted to bail on 27/2/14.

The Notice of trial on page 1 of the Record signed by the Registrar of the High Court dated 7/2/14 stated thus: -

"TAKE NOTICE THAT YOU WILL BE TRIED ON the information, whereof this is a true copy, of the sessions to be held at High Court 10, Enugu on the 10th day of February 2014 of 9 O'clock in the forenoon."

No proof of evidence was made available along with the notice of tria…

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