Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



IGWE
V.
STATE

(2021) JELR 108811 (SC)    

Supreme Court  ·  SC.716/2015 ·  7 May 2021 ·  Nigeria
CORAM
Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC John Inyang Okoro, JSC Ejembi Eko, JSC Ibrahim Mohammed Musa Saulawa, JSC Adamu Jauro, JSC

Ratio Decidendi

Core Terms Beta
section
prosecution
fair hearing
accused person
prima facie case
proof of evidence
witnesses
statements
high court
statement of any material witness
accused persons
anambra state
adequate facilities
constitutional right
exculpatory statements
material witnesses
statements of material witnesses
abuse of the court
arguments of the learned counsel
fundamental right
proper proofs of evidence
arraignment of the applicants
case file
contending parties
correct position
criminal trials
f-h
following words
hearing of the case
high court of anambra state
learned magistrate
lordship j.c iguh
mandatory provisions of a statute
non-inclusion of statements of some persons
notice of appeal
preparation of their defence
present case
ruling of the learned trial judge
single issue
statement of an independent eye witness
statement of every person
state of mind of a defendant
statutory duty
statutory duty of the attorney-general
such further orders
two-count charge of conspiracy
violation of the applicants

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): On 26/3/2012, the respondent sought to arraign the appellant and four others before the High Court of Anambra State, Awka Judicial Division on a two-count charge of conspiracy to commit murder and attempted murder.

Although the charges were read and interpreted to them, they declined to plead thereto on the ground that they had a pending motion challenging the competence of the charge. The motion dated 4/5/2010 was brought pursuant to Section 36(6) of the Constitution of the Federal Republic of Nigeria, 1999, as amended and Sections 212, 240, 241 and 247 of the Criminal Procedure Law (CPL) of Anambra State. They sought the following reliefs:

"An Order:

(I) Dismissing or striking out the Proofs of Evidence in this matter as incompetent and an abuse of the Court's process,

(2) Quashing the information as incompetent for failure to contain the proper proofs of evidence as required by Section 211(a) of the Cri…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login