AUSTIN
V.
FRN

(2018) JELR 39160 (CA)    

Court of Appeal  ·  CA/A/543C/2017 ·  27 Apr 2018 ·  Nigeria
CORAM
ABUBAKAR DATTI YAHAYA Justice of The Court of Appeal of Nigeria TINUADE AKOMOLAFE-WILSON Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria
Core Terms Beta
defendant
motion
appellant
amended charge
charges
16th may
respondent
page
proof of evidence
prosecution
trial court
amended charges
section
trial
17th may
abubakar datti yahaya
issues
learned counsel
learned trial judge
original charge
trial judge
31st may
charge no.fhc
constitutional right of the appellant
proofs of evidence
relevant documents
said charge
valid amended charge
valid charge
absence of proof of evidence
administration of criminal justice act
breach of the right of the applicant
charge no. fhc
complete agreement
count charges
court trial
decisions of the federal high court lokoja
defence counsel
fair hearing
federal high court lokoja
fundamental differences
leading judgment
order of this court
order of this hon. court
senior counsel
senior counsel mr. okutepa
sufficient particulars
tani yusuf hassan

ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decisions of the Federal High Court Lokoja in the two Rulings delivered on the 31st May 2017 and 21st June 2017 in charge No. FHC/LKJ/26C/2017.

The respondent as the complainant before the trial Court, Federal High Court Lokoja, filed 13 count charges on the 18th April, 2017, against the appellant herein, as the defendant. The charges were filed without proof of Evidence.

On the 25th of April, 2017, the charges were read to the defendant, without any objection from the defendant and he pleaded not guilty to all the charges. The defendant had no objection for adjournment to commence trial. He filed a Motion for bail and it was granted. The case was adjourned to the 17th May 2017 for trial.

On the 16th May 2017, the defendant filed a Motion praying for:

(1) An Order of this Court dismissing and or quashing the charges against the Defendant/Appellant in Charge No.FHC/LKJ/26C/2017 initiated by the Comp…

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