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FEDERAL REPUBLIC OF NIGERIA
V.
WABARA & ORS

(2013) JELR 36101 (SC)

Supreme Court 22 Feb 2013 Nigeria
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- The case concerns an appeal from the Court of Appeal, Abuja Division, which overturned the decision of the High Court of the Federal Capital Territory that had granted the prosecution leave to prefer charges against the accused/respondent

Case Details

Suit Number:SC.237/2010
Judges:IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria
Counsel:Pastor John Olushola Baiyeshee SAN, with Dr. Akin Onigbinde, Samuel Ipinlaye, Prof. Mohammed M. Akambi, Richard Baiyeshea, Adedeji Adeyemi For Appellant K. C. Nwufo Esq. with I. S. Orjih-Wilson, Ugo NwoforChief E. K. Ashikaa with A. C. Mato, Victor Iorshenge, A. A. Dodo, Adewale AdegboyegaGordy Uche with Isaac Nwachukwu, Chudy Maduka, Bulama Bashir and Adanna Komuanya For Respondent

MUSA DATTIJO MUHAMMAD, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Abuja Division of the Court of Appeal, hereinafter referred to as the court below, in appeal No. CA/A/7/C/2006 delivered on the 1st day of June, 2010 allowing the appeal of the respondents herein against the decision of the High Court of the Federal Capital Territory Abuja, hereinafter referred to as the trial court, in suit No. FCT/HC/CR/37/2005. Being dissatisfied with the judgment, the respondent at the court below, now appellant herein, has appealed to this Court on a Notice of appeal containing eight grounds.

I shall summarise at once the facts of the case that brought about the appeal.

At the trial court, following its application, the appellant was granted leave to prefer a charge against the respondents and four others. Attached to the application are (a) a fifteen count charge against the accused (2) Names and addresses of witnesses and (3) proof of evidence of twent…

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