ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the decision of the High Court of Imo State, Oguta, in an application to quash charge NO: HOG/9C/2011, pending before the High Court, presided over by Hon. Justice G.I. Anunnihu. The Appellant had taken out a preliminary objection filed on 17/6/2011, seeking the following reliefs:
"An order striking out/dismissing the instant charge"
The grounds for the application were:
"(1) The accused/Applicant had been tried for the same offence in charge NO.HOG/15C/06 by a Court of competent jurisdiction, who (sic) heard the matter on the merit, dismissed the complaint and, accordingly, discharged the accused/Applicant on the merit.
(2) The alleged offence, facts, evidence and witnesses in the instant charge is one and the same with that of charge NO:HOG/15C/06 for which the accused/Applicant was tried for five years before he was discharged on the merit, and the complaint dismissed.
(3) It is the same State C…