Ratio DecidendiRatio DecidendiRatio Decidendi


(2004) JELR 45083 (CA)    

Court of Appeal  ·  CA/L/370/2003 ·  9 Jun 2004 ·  Nigeria
Other Citations
Ezeze v. State [2004] 14 NWLR (Pt.894)491
JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
trial judge
accused person
criminal matter
laws of lagos state
14th july
physical presence
physical presence of an accused person
accused persons
learned counsel
lower court
actual fact
a.-g. lagos state
archbold-criminal pleading
arraignment of the accused person
attorney general
brief of his clients
central criminal court
charge no. id
close examination of the issues
court mandatory
criminal cases
criminal code law
criminal offences
defence counsel
determination of the judicial review proceedings
fixing of the charge
following statement
following terms
general principles
judicial authorities
leading judgment
learned prosecuting counsel
learned trial judge
leave of this court
m. d. muhammad
nolle prosequi
offence of perversion
ruling of the high court of lagos state
said notice of appeal
submissions of counsel
such physical presence
support of this submission
third issue
trial of the accused persons

ADEREMI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Lagos State, Ikeja Division delivered on the 14th July, 2003 in charge No. ID/38C/2003. The appellants who were the 7th and 8th accused persons in the court below were charged along with others with criminal offences. In particular, the appellants were charged with the offence of perversion of course of justice contrary to section 126(1) of the Criminal Code Law, Cap 32 volume 2, Laws of Lagos State 1994.

Proofs of evidence were laid before the court below. Suffice it to say that the 1st to 6th accused persons were charged with the offence of murder. Before the trial of the accused persons commenced, the learned counsel for the appellant or time to enable him respond to the application. The trial Judge acceded to this request. And by the endorsement in the record, the case was adjourned to 14th July, 2003 for mention. When the case again came up on the 14th of July, 2003 all the …

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