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CHIEF DIEPREYE SOLOMON PETER ALAMIEYESEIGHA V. THE FEDERAL REPUBLIC OF NIGERIA & ORS

(2006) JELR 39629 (CA)

Court of Appeal  •  CA/L/01/2006  •  30 May 2006  •  Nigeria

Coram
DALHATU ADAMU JCA; CLARA BATA OGUNBIYI JCA; MOHAMMED LAWAL GARBA JCA; SOTONYE DENTON-WEST JCA; PAUL ADAMU GALINJE JCA;

Appearances
Prof. A. B. Kasunmu, SAN (With him, Tunde Osundare) - for the 1st Accused/Appellant For Appellant Rotimi Jacobs (with him, A. Adeniyi, O. Odebowale, and A. M. Akaniga) -for the 1st RespondentSteven I. Oke (holding brief for Chief Mike Ozekhome) (with him, Mohammed S. Ali, C. Ifengwen and J. E. Aghidi) -for the 2nd - 4th RespondentsNkwem Anedu (Mrs.) - for the 5th - 8th Respondents For Respondent

Judgement

DALHATU ADAMU, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court, Lagos (per M.L. Shuaibu, J) delivered on 23/12/05. In the said ruling, the application for stay of proceedings and for striking out the 40 counts charge(s) against the 1st Accused/Appellant (hereinafter called "the Appellant") was refused and dismissed. The Appellant who is dissatisfied with the ruling of the trial court now appeals against it in this court. The facts leading to Appellant's application before the trial court (the subject-matter of this appeal) as stated in and gathered from the two briefs filed in this appeal are as follows:-

The Appellant who is the former Executive Governor of Bayelsa State was impeached by the Bayelsa State House of Assembly on 9/12/05. After his impeachment the Appellant was immediately arrested and detained by the Economic and Financial Crimes Commission (EFCC) which filed the above mentioned criminal charges against him and 7 oth…

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