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FEDERAL REPUBLIC OF NIGERIA
V.
NNAMDI KANU

(2023) JELR 111719 (SC)

Supreme Court 15 Dec 2023 Nigeria
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- The Supreme Court of Nigeria held that the manner in which an accused (including by extraordinary rendition) is brought before the court does not divest the trial court of jurisdiction to try offences established under valid extant Nigeri

Case Details

Suit Number:SC/CR/1361/2022
Judges:KUOIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC MOHAMMED LAWAL GARBA, JSC IBRAHIM MOHAMMED MUSA SAULAWA, JSC TIJJANI ABUBAKAR, JSC EMMANUEL AKOMAYE AGIM, JSC
Counsel:T. A. Gazali, SAN, Ag. Director, Civil Appeals Federal Ministry of Justice, with D.E. Kaswe; Chief State Counsel, Y. A. Imana; Assistant Chief State Counsel, S. Jibril; Senior State Counsel and G. C. Nweze; Senior State Counsel - for the Appellant/Cross Repsondent. Chief Kanu Agabi, SAN, with Prof. M. Ozekhome, SAN, P. A. N. Ejiofor Orji, Sir I. Ejiofor, Esw. and A. Ejimakor, Esq. - for the Respondent/Cross Appellant.

MOHAMMED LAWAL GARBA JSC (Delivering the Leading Judgement): The facts leading to this appeal are simple. From the Record of Appeal and the Briefs of Argument filed by the learned senior counsel for the parties, the Respondent was arraigned before the Federal High Court, Abuja (trial court) on a fifteen (15) counts Amended Charge filed on the 14th of January, 2022 for offences contrary to Sections 1(2)(b), 16, 1 (2), 1 (2)(f) of the Terrorism Prevention (Amendment), Act, 2013 and Section 47 (2) (a) of the Criminal Code Act, CAP C47, Laws of the Federation of Nigeria, 2004 (as contained at pages 267-272 of vol. 1 of the Record of Appeal). He pleaded not guilty to all the offences of the charge and on the 19th January, 2022, the learned SAN for the Respondent filed a Notice of Preliminary Objection pursuant to Section 6 (6) (A) of the 1999 Constitution and sought for the following orders from the trial court:-

"1.  AN ORDER striking out/quashing and or dismissing the 15- Court Amended Ch…

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