BAGUDU
V.
FRN & ORS

(2003) JELR 44928 (CA)    

Court of Appeal  ·  CA/L/242/2002 ·  30 Jun 2003 ·  Nigeria
 · 
Other Citations
Bagudu v. F.R.N. [2004] 1NWLR (Pt.853)182
Bagudu v. F.R.N. (2004) 1 NWLR (Pt. 853) 182
CORAM
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
appellant
respondents
2nd respondent
abuja high court
statement of defence
preliminary objection
lower court
instant appeal
decree no.53
federal high court
preliminary point of law
abuse of legal process
attorney-general
civil proceedings
declaratory reliefs
effect of the forfeiture of assets
leading judgment
learned trial judge
statement of claim
subject-matter
2nd defendants
appellant ought
arguments of counsel
bring of criminal proceedings
case of abuse of process
competence of appellant
court support
exercise of power of the federal attorney-general
filing of the suit
following claims
grant of declaratory reliefs
grant of such reliefs
high court of justice
invocation of the powers of the trial court
issue of exercise of power
jurisdiction of the trial court
objection of the respondents
points of law
predominant judicial approach
process of the court
proper application
rules of court
said application raise
said decree
such applications

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff took out a writ against the respondents being defendants at the court below. This was on 15th November, 2001. And what was the writ for? It was for the following claims:

1.A declaration that the decision of the 1st and 2nd defendants to bring and the bring of criminal proceedings against the plaintiff are contrary to the provisions and effect of the Forfeiture Of Assets, Etc. (Certain Persons) Decree No.53 of 1999 and are therefore unlawful, illegal, null and void.

2.A declaration that all the counts in the criminal charges CR/21/2000, CR/22/2000, CA/23/200, and relating to the plaintiff are null and void in so far as they are contrary to the provisions and effect of the Forfeiture Of Assets, (Certain Persons) Decree No.53 of 1999.

3. A declaration that by virtue of the Forfeiture Of Assets, Etc. (Certain Persons) Decree No.53 of 1999 and in the circumstances which have happened, no criminal …

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