(2018) JELR 39026 (CA)    

Court of Appeal  ·  CA/E/22C/2017 ·  25 May 2018 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable time
learned trial judge
fair hearing
accused persons
constitution of the federal republic of nigeria
accused person
criminal proceedings
act of the national assembly
amended notice of appeal
charge no. ag
federal high court
fundamental rights
trial of the appellant
written address
civil proceedings
lower court
respondents counsel
said charges
supreme court
circumstances of the instant matter
constitution of the frn
determination of the appeal
fundamental right of the appellant
instant case
national industrial court
abuse of court process
apex court
constitutional right
count charge of conspiracy
courts jurisdiction
criminal prosecution
custody of a third party
decision of the lower court
decisions of the apex court
notice of appeal
opinion of his lordship
points of law
prosecution of the appeal
refusal of the lower court
ruling of the anambra state high court of justice
ruling of the learned trial judge
such rights
trial of a criminal charge
trial of the case
united states
united states constitution

TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment): This appeal is sequel to the ruling of the Anambra State High Court of Justice, holden at Aguata-Ekwulobia, delivered on 6th February, 2017.

The appellant was arraigned at the Court below on 30th June, 1997 vide the Charge No. AG/26C/1997 along with 16 others, on a six count charge of conspiracy, malicious damage, rioting, stealing, forceful entry and riotous demolition of property. The appellant pleaded not guilty to the said charges, upon his arraignment on 30th June, 1997. The trial of the appellant commenced on 8th November, 1999 and the respondent fielded her first witness (PW1). Thereafter, for one reason or the other, the trial became stalled. The proceedings were then before Ezeani, J., who admitted the appellant as his co-defendants, to bail.

On 9th March, 2016, the appellant filed a motion on notice wherein, he sought an order to the effect that the charges preferred against him, be quashed/dismissed, which would lead…

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