(2014) JELR 40233 (CA)    

Court of Appeal  ·  CA/S/104/2009 ·  20 Feb 2014 ·  Nigeria
AHMAD OLAREWAJU BELGORE Justice of The Court of Appeal of Nigeria TUNDE O. AWOTOYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria
Core Terms Beta
trial court
accused person
application of counsel
competence of the charge
grounds of appeal
high court
jurisdictional issues
criminal procedure code
ezeze v state
honourable trial judge
issue no.
jurisdiction of the court
notice of preliminary objection
presence of the accused
criminal trial
edet v state
learned trial judge
membership of the judicial service commission
next adjourned date
record of a challenge
view of the pendency
amended notice of appeal
appearance of the appellant
application of the prosecution counsel
behalf of the accused
briefs of argument
case no. ss
criminal trials
following facts
james shehu abiriyi
leading judgment
member of the judicial service commission
presence of an accused person
prosecution leave
provision of the criminal procedure code
remittance of suit no. ss
respect of the appeal
respect of the said case
ruling of the high court of justice sokoto
shaka j.c
spite of the application

TUNDE O. AWOTOYE, J.C.A. (Delivering The Leading Judgment): This is the judgment in respect of the appeal filed by the Appellant against the ruling of the High Court of Justice Sokoto delivered on 22/5/2008 wherein the court below ordered for the appearance of the appellant in case No. SS/32c/2007 THE STATE V. ALHAJI DR. A. D. BAFARAWA. A charge had been preferred against the accused on 27-11-2007. A notice of preliminary objection dated 28/4/2008 was filed on behalf of the accused. But in spite of the application, on 22/5/2008 the trial court granted the application of counsel for the complainant by ordering the accused to be present in court otherwise bench warrant would be issued against him. It is against this order of 22/5/2008 that the accused/appellant filed an amended Notice of Appeal containing two grounds of appeal. The three grounds (sworn of the particulars) of appeal are:


The Honourable Trial Judge erred in law when he granted the prosecution leave to prefer a…

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