(1974) JELR 46179 (SC)    

Supreme Court  ·  SC.118/1974 ·  23 May 1974 ·  Nigeria
Other Citations
(1974) All N.L.R 299 (1974) 5 S.C. 56
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria
Core Terms Beta
high court
learned trial judge
criminal procedure code
jos high court
penal code
chief magistrate
preliminary inquiry
provisions of section
acting director of public prosecutions
criminal procedure
greater powers
9th day of may
benue-plateau state
benue-plateau state judicial division
police officer
present case
proofs of evidence
such leave
true case
view of the provisions of section
1st head of charge
2nd head of charge
appellate court
behalf of the attorney-general of the state
chapter xviii of the criminal procedure code
chapter xvii of the c.p.c.
chapter xvi of the criminal procedure code
common ground
criminal charges
criminal misappropriation
criminal procedure code of the northern states
exercise of his power
ex parte
good cause
learned state counsel
lower court
magistrate court
magistrate court-one
officer of the federal government of nigeria
order of belgore
subject matter
summary trial
view of this court
way of hearing appeal

FATAYI-WILLIAMS, J.S.C (Delivering the Leading Judgment ): This is an appeal by the Acting Director of Public Prosecutions, (Benue-Plateau State), as applicant, against the order of Belgore, J., made in the Jos High Court on 19th February, 1974, in which he refused the application, made by the Acting Director of Public Prosecutions on behalf of the Attorney-General of the State for leave to prefer two criminal charges against the respondent. The application, made ex parte, was made under the provisions of section 185(b) of the Criminal Procedure Code of the Northern States and the two charges in respect of which the leave was sought are as follows:

"1st Head of Charge: That you, Samson Gali, on or about the 9th day of May, 1968 at Jos in the Benue-Plateau State Judicial Division dishonestly misappropriated the sum of eighty pounds (N160.00) property of Lawrence Nwagbo and thereby committed an offence punishable under section 309 of the Penal Code.

2nd Head of Charge: That on or about …

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