HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): The Appellants was charged to Court upon information in charge No. E/5C/03 for conspiracy to commit murder and murder.
By a motion on notice dated 23/6/04 the Appellant had prayed the Court for the following orders:
a. Quashing the information containing the statement of offence and the particulars of same dated 27/2/04 filed by the Respondent against the Applicants in this matter for the reason that the proof of evidence also filed in Court in this matter against them does not disclose any facts that suggest or otherwise in any other manner whatsoever connect the applicants with the offences charged against them.
b. A further order of the Court that the charge as constituted is an abuse of the process of Court brought in bad faith and with sole intention of harassing and persecuting the Applicants, the Applicants' counsel shall further contend at the hearing that the process of Court should not be deployed to satisfy…