HARUNA M. TSAMMANI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of K. C. Nwamkpa; J of the Abia State High Court sitting at the Ohafia Judicial Division delivered on the 6th day of May, 2011.
The brief background facts of this case is that, the Appellant and 8 (eight) others were arraigned before the High Court of Abia State sitting at Ohafia on an Information alleging the offences of murder, kidnapping, conspiracy, etc. However, by a motion on notice dated and filed the 14/4/2010, the Appellant who was the 3rd Accused person on the charge, 4th, 5th and 6th Accused persons prayed the lower court for:
AN ORDER:
Quashing all counts in the Information preferred against the Applicants on the following grounds:
(i) No prima case is disclosed against the Applicants.
(ii) The Information constitutes an abuse of the court's process having regard to Suit No: FHC/UM/M/86/2009-EZEOGO ONWUBIKO IKPO and ORS v. THE ATTORNEY-GENERAL OF ABIA STATE and 2 ORS.
(iii) The…