(2011) JELR 46050 (CA)    

Court of Appeal  ·  CA/E/97/2008 ·  4 Jul 2011 ·  Nigeria
AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria CHUKWUDUMEBI SAMUEL OSEJI Justice of The Court of Appeal of Nigeria
Core Terms Beta
high court
summary trial
accused person
statements of witnesses
lower court
chief magistrate court
magistrate court
police investigation reports
criminal offence
accused persons
criminal trial
high court judge
prosecution witnesses
notice of appeal
1st respondent
adequate time
case of trial
civil procedure
course of the investigation of the case
facility of front
fair hearing
furnishing of relevant documents
high court of anambra state
miscarriage of justice
police investigation report
police officers
proof of its case
7-count charge of serious assault
above provision
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attorney general power
case files
copies of the statements
criminal procedure laws of anambra state
decision of the appellate high court
evidence of the facts
form part of the facilities
learned trial chief magistrate
preparation of hr
provisions of the evidence act
ruling of the chief magistrate court
said facilities
statements of the prosecution witnesses
state v. iortseh terban
such statements

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The 1st Respondent, who is a legal practitioner, was arraigned with the other Respondents at the Chief Magistrate Court, Awka, on a 7-count Charge of serious assault on police officers; malicious damage; unlawful assault on "one Sgt. Paulinus Nze, while acting in the execution of his lawful duty by hitting him with a stick on his left eyebrow which caused him harm"; unlawful assault on "one Inspector Godwin Okeme by giving him fist blows all over his body"; unlawful assault on "one Sgt. Onuh Odoh by giving him fist blows all over his body"; unlawful and malicious damage "to 55 fifty-five six inches blocks valued at N3,850.00, property of one Christian Okoye"; and unlawful and malicious damage to a "wall fence valued at N9,000.00 property of one Christian Okoye". The matter was adjourned to 3rd August 2006, for "plea and hearing", but on that day, learned counsel for the Respondents orally applied for an Order -

"Directing th…

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