Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



SHEMA & ORS
V.
FRN

(2018) JELR 46263 (SC)    

Supreme Court  ·  SC.814/2017 ·  26 Jan 2018 ·  Nigeria
CORAM
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
court
lower court
constitution of the federal republic of nigeria
laws of katsina state
senior counsel
proof of evidence
criminal proceedings
decision of the trial court
financial crimes commission
decision of the katsina state high court
decision of the lower court
ibrahim shehu shema
katsina state high court
name of the federal republic of nigeria
grounds of appeal
main issues
accused persons
file charge no. kth
basis of this appeal
charge sheet
evidence act
learned counsel
order of this honourable court quashing
preliminary issues
previous decision
constitutional grounds
criminal breach of trust
criminal procedure code law
defence of the case
entire proceedings
fiat of the attorney general of katsina state
filing of the charge sheet
financial crime
issue of the power of the efcc
issues formulated hook
judgment of court of appeal
learned trial judge
prosecution of this matter
related offences
respective submissions of counsel
such further order
support of this position
way of interlocutory appeal

SIDI DAUDA BAGE, JSC (Delivering the Leading Judgment): We are this morning constituted as a Court to determine preliminary issues, by way of interlocutory appeal, from the judgment of Court of Appeal sitting in Kaduna, dated 12th day September, 2017, which affirmed the decision of the Katsina State High Court delivered on 21st February, 2017, which dismissed the Appellants' Motion on Notice dated 3rd day of January, 2017 and filed on 4th day of January, 2017 seeking to (i) declare the filing of the charge sheet by EFCC as incompetent on constitutional grounds and (ii) declare as inchoate the entire proceedings as the charge sheet was not accompanied by proof of evidence as known to law thereby dislodging the Appellants' right to fair hearing as recognised by Section 36(6) (b) of the 1999 Constitution as amended.

The trial Court's decision refusing and dismissing the Appellants' application for lack of merit can be found at pages 34 - 47 of the records; while the decision of the lower …

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