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NGANJIWA
V.
FRN

(2017) JELR 37509 (CA)

Court of Appeal 11 Dec 2017 Nigeria
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- The Court of Appeal held that criminal prosecution of a serving judicial officer for acts amounting to official misconduct cannot be initiated without first referring the allegations to the National Judicial Council (NJC) for disciplinary

Case Details

Suit Number:CA/L/969C/2017
Judges:MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria
Counsel:Robert Clarke, SAN, with him, O. Oladele, I. S. Matesun and Omoniyi Onabule For Appellant Rotimi Oyedepo, with him, I. A. Mohammed For Respondent

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.

The facts relevant to the determination of this appeal are that, the Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the …

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