ITA GEORGE MBABA, J.C.A.(Delivering the Leading Judgment):This is an appeal from the judgment of Imo State High Court in Suit No. HOW/1CA/2004, delivered on 4/5/2004 by Hon. Justice P.C. Onumajulu, Chief Judge of Imo State, over the ruling/decision of the learned Chief Magistrate,Ngozi Ukoaha (as he then was) in respect of an interlocutory application by the Respondents against the propriety and validity of a charge of kidnapping of one Adaugo Iheanacho.
The Respondents had raised objection to the charge at the Chief Magistrates Court, on the ground that an 0werri High Court had on 19th day of August 1998, discharged them on the merits over an earlier charge of the murder of the said/same Adaugo Iheanacho. The learned Chief Magistrate had overruled the preliminary objection, saying that discharging the Respondents on allegation of murder on the merits, did not foreclose arraigning them for other offences disclosed by the case file against the Respondents.
A brief facts of the case showe…