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…