ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Kaduna State, High Court Zaria Division delivered on 21/2/23 in Charge No: KDH/Z/41C/2022, wherein the Court overruled the Defendant's applications of 1st and 2nd Respondents and exercised its inherent power to transfer the suit to a Chief Magistrate.
BRIEF FACTS
The Respondents were charged with a 4-count charge of criminal conspiracy, forgery and using as genuine a forged document under the Penal Code Law of Kaduna State, whereupon 2nd Defendant raised a preliminary objection dated 14/12/2022 and prayed for the following reliefs:
1. An order dispensing with the appearance of the 2nd Defendant/Applicant/objector pending the hearing and determination of the Notice of Preliminary Objection before the Court.
2. An order dismissing charge No: KDH/Z/41C/2022 between the State and 1) Zainab Tahir Yusuf & 2) Ibrahim Kalayi, discharging and acquitting the 2nd Defend…