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CHIDI AKABOGU v. THE STATE

(2016) JELR 36795 (CA)

Court of Appeal  •  CA/E/32C/2015  •  21 Apr 2016  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of Hon. Justice P. I. Enejere of the High Court of Enugu State in charge No. E/67C/2014 delivered on 19/6/14 refusing to stay proceeding pending the supply of proof of evidence of the charge to the Accused Appellant. The facts that led to this appeal are as follows:

The Accused/Appellant was charged on 7 counts of forgery, uttering forged document, and stealing. While counts 1-3 are charges of forgery, counts 4-6 are on uttering forged document and count 7 is on stealing. He was admitted to bail on 27/2/14.

The Notice of trial on page 1 of the Record signed by the Registrar of the High Court dated 7/2/14 stated thus: -

?TAKE NOTICE THAT YOU WILL BE TRIED ON the information, whereof this is a true copy, of the sessions to be held at High Court 10, Enugu on the 10th day of February 2014 of 9 O'clock in the forenoon."

No proof of evidence was made available along with the notice of tria…

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