Customer Support

STATE
V.
OBASI & ORS.

(1998) JELR 47949 (CA)

Court of Appeal 24 Jun 1998 Nigeria
BriefBot icon

BriefBot Summary

Free

- This case is an appeal against a ruling of the High Court of Enugu State. - The original information filed in the case was deemed invalid and incompetent because there was no incumbent Attorney-General in Enugu State at the time. - The de

Case Details

Suit Number:CA/E/113/96
Judges:JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria EUGENE CHUKWUEMEKA UBAEZONU Justice of The Court of Appeal of Nigeria
Counsel:Senator Onyeabo C. Obi by fiat of Attorney-General,C.N. Oji (Snr. Legal Officer) Ag. Director of Public Prosecutions Ebonyi State For Appellant Nduke Umoke For Respondent
Other Citations:State v. Obasi (1998) 9 NWLR (Pt.567)

AKPABIO, JCA (Delivering the Leading Judgment): This was an appeal against a ruling of Chukwuma Eneh. J., of the then High Court of Enugu State (but now Ebonyi State) holden at Abakaliki in charge No. AB/5c/92 delivered on 30/3/95, wherein he held that the information as originally laid before him was invalid and incompetent as there was no incumbent Attorney-General in Enugu State as at the time the information was originally laid. He therefore struck out the case before him, but ordered the accused persons to be "remanded in prison custody for the D.P.P's necessary action in the light of this ruling as they are not entitled to be discharged."

In the original information, the three respondents were charged with murder contrary to section 274(1) Cap. 36 Laws of Anambra State of Nigeria, 1986, as applicable to Enugu State. Each of the accused pleaded "not guilty" and the trial started with the prosecution calling eight witnesses. At the end of the case for prosecution, the learned defe…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.