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EBE
V.
COMMISSIONER OF POLICE

(2008) JELR 54067 (SC)

Supreme Court 25 Jan 2008 Nigeria
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- The case involves an appeal against the judgment of the Court of Appeal in which the court allowed the appeal of the Commissioner of Police and set aside the decision of the High Court. - The case originated from a four-count charge again

Case Details

Suit Number:SC. 141/2005
Judges:ALOYSIUS IYORGYER KATSINA-ALU JSC (Presided) SUNDAY AKINOLA AKINTAN JSC WALTER SAMUEL NKANU ONNOGHEN JSC IBRAHIM TANKO MUHAMMAD JSC PIUS OLAYIWOLA ADEREMI JSC (Read the Lead Judgment)
Counsel:Chief O. O. Ogbodu - for the Appellant. -*- Mr. Mba E. Ukweni (with him, Akanga O. Okagan Esq.) - for the Respondent.

ADEREMI JSC (Delivering the Lead Judgment): The appeal is against the judgment of the Court of Appeal (Calabar Division) in appeal No. CA/C/77/2002; Okon Bassey Ebe v. Commissioner of Police delivered on the 29th of November, 2004 in which the court below had A allowed the appeal of the appellant (Commissioner of Police) before it, set aside the decision of the High Court (sitting as an appellate court) demandingfor the revalidation of the fiat issued by the Attorney-General of Cross Rivers State and also set aside the order made by the appellate High Court striking out the appeal for failure to comply with the provisions of Order 44, rule 10(1) of the Cross River State High Court (Civil Procedure) Rules, 1987. Briefly, the facts leading to this appeal are thus:- four persons including the appellant were charged before the Chief Magistrate’s Court, Akpap Okonyong; in Odukpani Local Government Area of Cross River

State on a four-count charge involving conspiracy to effect unlawful…

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