Customer Support

EDET
V.
STATE

(2008) JELR 51291 (CA)

Court of Appeal 28 Apr 2008 Nigeria
BriefBot icon

BriefBot Summary

Free

- This is an interlocutory appeal against a decision of the High Court of Cross River State. - The appellant was arraigned on three counts of stealing and challenged the legality of the information. - The trial judge ordered the appellant t

Case Details

Suit Number:CA/C/9/2007
Judges:JEAN OMOKRI JCA ( Read the Lead Judgment) VICTOR O. A. OMAGE JCA MOJEED ADEKUNLE OWOADE JCA
Counsel:Nta A. Nta Esq. (with him, M.E. Nitibi Esq.) - for the Appellant. -*- E. I.Henshaw Esq. (SG, MOJ, CRS) - for the Respondent. G

JEAN OMOKRI, JCA (DELIVERING THE LEADING JUDGMENT): This is an interlocutory appeal against the decision of S. M. Anjor, J., of the High Court of Cross River State, sitting in Calabar in Suit No. HC/39C/2005 delivered on the 3/5/2006.

In order to bring the issues involved in this appeal into proper perspective, it is necessary that I briefly state the facts which led to this appeal.

The appellant was arraigned before the court of trial on three (3) counts of stealing contrary to section 390 (12) of the Criminal Code, Cap. 31, Vol. II, Laws of Cross River State of Nigeria, 1983. On arraignment, but before the commencement of the trial, the appellant by a motion on notice dated 23/11/05 and brought pursuant to sections 167, 340(1), 72(2) of the Criminal Procedure Law of Cross River State, challenged the legality or validity of the information.

The grounds upon which the application was brought are stated at page 23 of the printed record supplied as follows:

"1. The Attorney-General lacks j…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.