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IKHAZUAGBE
V.
COP

(2004) JELR 45061 (CA)

Court of Appeal 30 Jan 2004 Nigeria
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- The appellant was arrested on suspicion of murder arising out of a chieftaincy dispute, initially released on police bail after presenting an alibi, but was later re-arrested and charged with conspiracy to commit murder and murder under s

Case Details

Suit Number:CA/B/261/2000
Judges:KUMAI BAYANG AKAAHS Justice of The Court of Appeal of Nigeria AMINA ADAMU AUGIE Justice of The Court of Appeal of Nigeria NWALI SYLVESTER NGWUTA Justice of The Court of Appeal of Nigeria
Counsel:Not stated For Appellant Not stated For Respondent
Other Citations:Ikhazuagbe v. CO.P. [2004] 7 NWLR (Pt.872), (2004) JELR 51861 (CA)

NGWUTA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court, Auchi striking out the appellant's summons for bail. Appellant was arrested in May, 2000 on suspicion of murder. Based on his plea of alibi, he was released on police bail the next day. He was however re-arrested on 4th September, 2000 and arraigned with one other person before the Chief Magistrate's Court Auchi on a two count charge of conspiracy to commit murder and murder punishable under section 516 and 319(1) respectively of the Criminal Code, Cap. 48 Vol.11, Laws of Bendel State of Nigeria, 1976 applicable in Edo State.

The learned Chief Magistrate, notwithstanding the facts that he had no jurisdiction to entertain the matter before him made an order that each of the two accused persons is to be remanded to prison custody for want of jurisdiction. It was not stated from where the court derived the power to make the said order see the lead judgment of Akaahs, J.C.A. in Ogb…

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