IBRAHIM MOHAMMED MUSA SAULAWA, JSC (Delivering The Leading Judgement): The present appeal is a fall-out of the judgment of the court of Appeal, Lagos Judicial Division, delivered on March 19, 2018 in Appeal No. CA/L/727C/2017. By the judgment in question, the court below coram: Sankey, Otisi and Ekanem, JJCA, allowed the Respondent's appeal, set aside the Ruling of the Federal High Court admitting the extra-judicial statement of the Appellant, and remitted the case to the case to the Chief Judge of the Federal High Court for reassignment to another Judge for hearing and determination.
BACKGROUND FACTS
The Respondent and two other persons were arraigned before the trial Federal High Court, upon a two count charge dated 07/01/2016:
COUNT 1
That you Akaeze Charles Chiedu, Ozor Ifeanyi, Nwakuche Jerry Nanjiofor and Konja (at large) on or about the 9th of October, 2015 at Murtala Muhammed International Airport, Lagos within the jurisdiction of the Federal High Court conspired to commit an offe…