Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2012) JELR 49301 (CA)    

Court of Appeal  ·  CA/L/706/11 ·  5 Mar 2012 ·  Nigeria
KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
1st respondent
criminal proceedings
lower court
financial crimes commission
learned trial judge
federal high court
attorney general of lagos state
such criminal proceedings
attorney general
exhibit efcc
false pretences
criminal code of lagos state
director of public prosecution
fundamental right
inter alia
issue of conflict
provisions of the economic
senior counsel
supreme court
2nd respondent
administration of justice law
attorney-general of lagos state
charge no.id
circumstances of this case
copious arguments
criminal code law
criminal procedure law
decision of the high court of lagos state
financial crimes commission act
following cases
fundamental rights
further order of injunction
judgment of the federal high court
kumai bayang akaahs
leading judgment
leave of this court
officer of the 1st respondent
paragraphs f-g
power of other authorities
power of the attorney general of the federation
power of the efcc
proper person
repeal of the criminal procedure law
said attorney general
said information
see machiavelli
words of the provisions

KUMAI BAYANG AKAAHS, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Lagos State delivered on 31st day of May, 2011, wherein the Court dismissed the appellant's application and assumed jurisdiction to entertain the information by the Economic and Financial Crimes Commission in charge No.ID/148C/2011.

On the 5th of May, 2011, the 1st respondent filed an information at the Ikeja Division of the High Court of Lagos State in Charge No. ID/14BC/2011.

In the said information the appellant and the 2nd respondent were charged with several offences bordering on stealing and obtaining, money under false pretences under the Criminal Code of Lagos State. Before the appellant was arraigned and his plea taken in respect of the counts contained in the information the appellant filed an application dated 19th May, 2011 wherein he urged the court to inter alia decline jurisdiction to entertain the information and a further order of injunction restrai…

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