(2018) JELR 39020 (CA)    

Court of Appeal  ·  CA/E/17C/2017 ·  25 May 2018 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria TOM SHAIBU YAKUBU Justice of The Court of Appeal of Nigeria JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
accused persons
reasonable time
fair hearing
learned trial judge
constitution of the federal republic of nigeria
medical report
speedy trial
amended notice of appeal
appellants application
said charges
trial of the appellant
accused person
appellants counsel
lower court
public interest
record of appeal
respondents counsel
trial of the matter
arraignment of the applicants
constitutional requirement
exhibit a
fair trial
next adjourned date
person accused of a criminal offence
unnecessary adjournments
accompanying affidavit
case file of this charge
charge no
continued prosecution of this matter
count charge of malicious damage
custodian of the court file
custody of the case file
fundamental breach of their constitutional right
further notice
high court of anambra state
hon. justice mbonu-nwenyi
incessant transfer of the judges
inherent jurisdiction of this court
lead counsel
order of this honourable court
order of this honourable court quashing
preparation of conduct of their defence
ruling of the anambra state high court of justice
various offences

HELEN MORONKEJI OGUNWUMIJU, J.C.A.(Delivering the Leading Judgment): This is an appeal against the ruling of the Anambra State High Court of Justice, Aguata-Ekwulobia Judicial Division, delivered by Hon. Justice Mbonu-Nwenyi on 06/02/17 wherein the learned trial judge dismissed the Appellants application seeking to quash and/or dismiss all charges against him.

The Appellant was arraigned before the High Court of Anambra State on the 30th day of June 1997 with Charge No: AG/26C/1997 on a six count charge of malicious damage, rioting, stealing and riotous demolition of Property. The Appellant pleaded not guilty to the said charges. The trial of the Appellant commenced on 8th November, 1999 and the Respondent called P.W.1. The trial did not make progress until sometime in 2015. The proceedings were then before Ezeani. J., who admitted the Appellant and his co-defendants, to bail.

On 9th of March 2016, the Appellant filed a motion on notice wherein he sought an order to the effect that the …

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