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ONYUIKE
V.
THE PEOPLE OF LAGOS STATE & ORS

(2013) JELR 35254 (CA)

Court of Appeal 3 Jun 2013 Nigeria
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- The appellant challenges the competence of the charges brought against them, arguing that the 1st respondent is not a competent entity to do so. - The charges were improperly constituted and there was no prior police investigation or fair

Case Details

Suit Number:CA/L/306/2012
Judges:MONICA BOLNA'AN DONGBAN-MENSEM JCA CHIMA CENTUS NWEZE JCA JOSEPH SHAGBAOR IKYEGH JCA OBANDE FESTUS OGBUINYA JCA TIJJANI ABUBAKAR JCA
Counsel:Chief Wole Olanipekun, SAN (with him, Robert Clark, SAN, Fred Agbaje, Ayo Adesanmi, Bode Olanipekun, Demola Adesina and V. C. Ikedimma) For the Appellant. Lawal Pedro, SAN (SG Lagos State) with E. I. Alakiya (DPP) and Femi Ademson (ACSC) for the 1st Respondent.

MONICA BOLNA'AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment): On the 23rd March, 2012, the Hon. Justice C. A. Balogun of the Lagos State High Court of Justice holden at Court 51, Criminal Division, delivered a considered Ruling against the Appellant and five others and in favour of the 1st Respondent then Prosecution/Respondent. The Appellant was the 1st Defendant/Applicant. In this judgment the Appellant is referred to simply as the Appellant and the 1st Respondent simply as the 1st Respondent; (the other Respondents being nominal Respondents).

The brief facts of the case are that eight counts of charges had been crafted against the Appellant and five others by the Attorney General of Lagos State (hereafter refer simply as A-G). An application was then made to the Lagos State High Court coram Balogun J. for leave to prefer the charges. The eight counts of charges were brought under the Administration of Criminal Justice Law of Lagos State, 2007 alleging the offences of co…

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