(2003) JELR 44935 (CA)    

Court of Appeal  ·  CA/E/127M/2003 ·  1 Dec 2003 ·  Nigeria
Other Citations
Emeakayi v. C.O.P. [2004] 4 NWLR (Pt.862)158
Emeakayi v. C.O.P. (2004) 4 NWLR (Pt. 862) 158
MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria MONICA BOLANA’AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
grounds of appeal
preliminary objection
high court
senior counsel
court of appeal
mr. andi of counsel
notice no. ca
motion no.
behalf of the state
exercise of discretion
high court law of anambra state
learned counsel
onitsha high court
particular case
stay of proceedings
8th day of september
issue of fiat
leave of court
onitsha branch of the nigerian bar association
onitsha high court registry
state attorney-general
support of the application
attorney-general anambra v
authority of the leading counsel tochukwu onwugbufor
bail application no.
case of rex v
consent of the state
counsel solicitor
exercise of discretion of the trial court
exercise of the court
facts of this case
fresh fiat
high court of anambra state
hon. attorney general of anambra state
judge of bias
paragraph affidavit
present application
prosecution of the bail application
said fiat
said notice of appeal
scope of his powers
subjects of criminal proceedings
such fiat

MAHMUD MOHAMMED, J.C.A. (Delivering the Leading Ruling): By a motion on notice dated 18-9-2003 and filed in this court on 29-9-2003, the applicant in a preliminary objection sought for an order-

"Striking out the notice and grounds of appeal dated the 8th day of September, 2003 and filed by the respondent at the Onitsha High Court Registry on the same date and also the motion on notice No. CA/E/127M/2003 dated the 9th day of September, 2003 filed in this court pursuant to the said notice of appeal on the ground that the appeal and the motion are incompetent and the court has no jurisdiction to entertain them."

The motion was supported by an 11 paragraph affidavit deposed to by one Ikenna Obidiegwu one of the applicant's counsel at the court below. Paragraphs 1 to 10 of this affidavit which are relevant to the present application are as follows:

"1. That I am one of the counsel solicitor for the applicant in the High Court in motion No. 0/205M/2003 and swear to this affidavit with th…

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