MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. (Delivering the leading judgment): This is an appeal against the Ruling of the High Court of Anambra State, delivered on the 17th day of April, 2018 Coram Hon. Justice D.C. Maduechesi.
The Appeal is in respect of a motion filed in CHARGE NO. A/8C/2016: THE STATE V. SUNDAY UGHANNA and (3) ORS. by the Counsel to the Appellant who was given a fiat to prosecute the Charge.
The brief facts leading to this Appeal as contained in the Briefs are that;
The 1st and 2nd Respondents were arraigned for conspiracy and attempted murder contrary to Sections 495 (a) and 275 (a) of the Criminal Code, CAP.36, Vol. II, Revised Laws of Anambra State 1991; at the Chief Magistrate Court, Achalla, Awka North Magisterial District. On the Orders of the Magistrate, the original case file was transmitted to the Ministry of Justice.
The learned Counsel to the 3rd and 4th Respondents, G.C. Emenike, at this time, was the Director of Public Prosecution who minuted the case file to …