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CHINEDU INNOCENT AHIMERE v. THE STATE

(2016) JELR 41194 (CA)

Court of Appeal  •  CA/C/123C/2016  •  3 Nov 2016  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; CHIOMA EGONDU NWOSU-IHEME JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment): The present appeal is against the ruling of the High Court of Akwa Ibom State, Uyo Judicial Division, delivered on March 23, 2016 in charge No.HU/46C/2015. By the said ruling, the Court below, coram Okon A. Okon, J; dismissed the Appellant's motion seeking to quash the charge (information) in question on ground of lack of jurisdiction and competence.

BACKGROUND FACTS

On October 28, 2015, the Respondent arraigned the Appellant upon an 8 count charge (information) for various offences: conspiracy, selling and buying of a child, et al, contrary to Section 552 of the Criminal Code CAP. 38, Volume 2, Laws of Akwa Ibom State of Nigeria 2000 and Section 31 (1) and (3) of the Child Rights Law of Akwa Ibom State of Nigeria, 2008. The Appellant pleaded not guilty to the said charge. The case proceeded to trial.

However, on January 25, 2016, the Appellant filed a motion praying the Court for:

For an Order striking out and quash…

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