MASSALA
V.
IGP

(2015) JELR 45520 (CA)    

Court of Appeal  ·  CA/A/229C/2013 ·  26 May 2015 ·  Nigeria
CORAM
MOORE A. A. ADUMEIN Justice of The Court of Appeal of Nigeria TANI YUSUF HASSAN Justice of The Court of Appeal of Nigeria JOSEPH E. EKANEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
charge
application
high court
lower court
counsel
issues
senior counsel
prima facie case
proof of evidence
criminal procedure
criminal procedure code
chapter xvii of the cpc
preliminary inquiry
penal code
support of the application
criminal charge
learned trial judge
principle of substantial compliance
affidavit state
amoshima v. state
appellant of the offence
arguments of senior counsel
c. a. r.
case of ohwovoriole v. frn
chief constable of wales police
comparison of the signatures
consideration of the facts of this case
copies of statements of witnesses
copy of the charge
copy of the list of witnesses
copy of the proof of evidence
counts of forgery
criminal proceeding
english case of r. v. laming
filing of the charge
forged resolution
frn v. wabara
high court rules
light of the supreme court authorities
national chairman
order of the lower court
paragraph affidavit
prima facie offence of forgery
proofs of evidence documents
provisions of the above stated law
provisions of the criminal procedure
trial judge
ugwu v. state

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment): On the 29th day of October, 2012, the respondent filed an application for leave to prefer a criminal charge against the appellant, without holding a preliminary inquiry, under Section 185 (b) of the Criminal Procedure Code (CPC) pursuant to Rule 3 of the Criminal Procedure (Application for leave to prefer a charge in the High Court) Rules 1970. The application was supported by an affidavit attached to which were a copy of the charge in respect of which leave was sought, a copy of the proof of evidence to be relied upon at the trial, a copy of the list of witnesses, a copy of the list of exhibits and copies of statements of witnesses and the appellant's statement. The charge contained ten (10) counts of forgery contrary to Section 364 of the Penal Code and one (1) count of fraudulent and dishonest use as genuine of a forged resolution contrary to Section 366 of the Penal Code.

The application was filed at the High Court of Jus…

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