(2008) JELR 49480 (SC)    

Supreme Court  ·  SC.141/2005 ·  25 Jan 2008 ·  Nigeria
Other Citations
OKON BASSEY EBE v. COMMISSIONER OF POLICE (2008) 1 S.C. (Pt II) 222 (2008)33 NSCQR Pt I 110 (2008)33 NSCQR Pt I 110
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Supreme Court of Nigeria
Core Terms Beta
commissioner of police
high court
court of appeal
lower court
day of hearing
instant case
legal practitioner
provisions of order
adjournment of the case
appellate court
appellate high court
revalidation of the fiat
appeal of the respondent
attorney-general of cross river state
decision of the high court
failure of the respondent
learned judge
order of the high court
appeal no. ca
appeal of the appellant
chief judge of cross river state
criminal appeal
judgment of the court of appeal
learned justices of the court of appeal
only issue
personal appearance of the respondent
prosecuting counsel
relevant provisions of order
above provisions of the rules of court
appearance of the appellant
appearance of ukweni
arguments of counsel
degree of discretion
following terms
four-count charge
general of cross rivers state
general rule
leading judgment
learned trial chief magistrate
legal discretion
non-appearance of the appellant
said judgment of the court

P. O. ADEREMI, J.S.C (Delivering the Leading 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 allowed the appeal of the appellant [Commissioner of Police] before it, set aside the decision of the High Court (sitting as an appellate court) demanding for 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 Okoyong in Odukpani Local Government Area of Cross River State on a four-count charge involving conspiracy to effect unla…

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