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MAZI NNAMDI KANU
V.
FEDERAL REPUBLIC OF NIGERIA

(2024) JELR 112808 (CA)

Court of Appeal 28 Nov 2024 Nigeria
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- The Appellant appealed the Federal High Court’s decision striking out his preliminary objection—which challenged several counts of a criminal charge (including terrorism-related counts) as unconstitutional, defective, or based on repealed

Case Details

Suit Number:CA/ABJ/CR/831/2024
Judges:JOSEPH OLUBUNMI KAYODE OYEWOLE JCA EBERECHI SUZZETTE NYESOM-WIKE JCA OYEBIOLA OYEJOJU OYEWUNMI JCA
Counsel:Mr. M. A Ejimakor with Mr. J. Ugwuanyi and Mr. M. Okpara for the Appellant. Chief A. Awomolo, SAN with Mr. A. Olayowola, Mr. O. Olaleye-kumuyi and Mr. A. Afolabi for the Respondent
Location:Abuja

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the Leading Judgement): This is in respect of an appeal against the decision of the Federal High Court, Abuja Judicial Division delivered on the 19th June, 2024, by B. F. M. NYAKO, J striking out the Appellant’s application as an abuse of court’s process.

The Appellant filed an application captioned ‘Notice of Preliminary Objection to Jurisdiction’ pursuant to Sections 1 (3), 6 (6), 12, 36 (2), 36 (8), 42, 45 and 251 (1)(q) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended); Section 178 of the Customs and Excise Management Act (as repealed); Section 218 (1) & (2) and 220 of the Administration of Criminal Justice Act, 2015; The Terrorism Prevention Amendment Act, 2013 (as repealed); and Under the Inherent Jurisdiction of the Court wherein he sought the following reliefs:

  1. An order of this Honourable Court declining jurisdiction to entertain courts 1, 2, 3, 4, 5 and 8 of the charges against the defendant/ applicant or t…

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