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BARRISTER OLUSEGUN ALALADE & ANOR v. THE STATE OF LAGOS

(2018) JELR 38597 (CA)

Court of Appeal  •  CA/L/442C/2017  •  5 Jul 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; UGOCHUKWU ANTHONY OGAKWU JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, JCA (Delivering the Leading Judgment): This is an appeal against the Ruling of the High Court of Lagos State sitting in the Ikeja Division, delivered by J. E. Oyefeso (Mrs.) J. on the 9th day of March, 2017 in Charge No: ID/3661C/2016. The ruling is contained at pages 266-269 of the Records of Appeal wherein the Appellant's Notice of Preliminary Objection contained at pages 35-45 was heard, determined and dismissed.

The Respondent herein filed information against the Appellants at the trial Court, the Appellants filed Notice of Preliminary Objection on the grounds that, the charge constitutes an abuse of Court process because there is civil proceedings in suit No: ID/1043GCM/2016 challenging the powers of the Attorney-General under Section 211 of the 1999 Constitution and that Charge No: MIK/E/34/2015 (Commissioner of Police v. Barrister Olusegun Alalade and Ors) was pending at the Ikeja Magistrate Court against the Appellants. The Lower Court heard the Application an…

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