HELEN MORONKEJI OGUNWUMIJU, JSC (Delivering the Leading Judgment): This is an interlocutory appeal against the judgment of the Court of Appeal, Enugu Division Coram: Amiru Sanusi, Tom Shaibu Yakubu and Emmanuel Akomaye Agim JJCA which sat on appeal against the decision of the High Court of Justice, Ebonyi State which sat on appeal against the decision of the Chief Magistrates' Court, Abakaliki.
The Appellant in this appeal was charged with unlawful possession of firearms punishable under Section 3(1) of the Firearms Act (Cap. 028) Laws of the Federation of Nigeria, 2004 and he pleaded not guilty and elected summary trial in Charge NO: MAB/367C/2011.
Upon the arraignment of the Appellant at the Chief Magistrates' Court Abakaliki, the Defence Counsel applied to the Court to direct the prosecution (the Respondent in the instant appeal) to serve the Defendant with the "proofs of evidence". The application was refused by the learned trial Chief Magistrate. Being aggrieved by the decision of …