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EKWUAZI
V.
DPP, LAGOS STATE & ORS

(1993) JELR 113174 (CA)

Court of Appeal 3 May 1993 Nigeria
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- The appellant was arraigned and tried at the Chief Magistrate's Court 1, Mushin, Lagos State for an offense purportedly punishable under section 137 of the Criminal Procedure Act, Cap. 43 Laws of Nigeria, 1945. - The appellant challenged

Case Details

Suit Number:CA/210/91
Judges:IBRAHIM KOLAPO SULU-GAMBARI, JCA UMARU ATU KALGO, JCA NIKI TOBI, JCA
Counsel:S. Barth Ozoana for the Appellant. K. Tamuno, Esq, Senior Legal Officer, Ministry of Justice, Lagos State for the 1st and 2nd Respondents.
Location:Lagos

SULU-GAMBARI, JCA (Delivering the Leading Judgment): 

Ozoana: I adopt my brief dated and filed on 7/8/91. I ask this court to make the following orders.

(i) To prohibit the 3rd respondent from continuing the trial of the appellant forthwith.

(ii) To declare that the arraignment and trial of the appellant for the offence punishable under s. 137 of the Criminal Procedure Act Cap. 43 Laws of Nigeria 1945 unconstitutional, null and void.

Tamuno: I have no objection. I adopt my own brief to say that I am not supporting the procedure adopted by the 3rd respondent. The procedure is unknown to law.

Judgment: In view of the submission of the learned counsel for the appellant which was conceded to by the learned senior legal officer of the Ministry of Justice Lagos State representing the respondents, the appeal is accordingly allowed. It is ordered as follows:

(i) The third respondent is hereby prohibited from continuing the trial of the appellant forthwith.

(ii) The arraignment and trial of the appel…

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