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DONALD ORYA ANAGENDE v. FEDERAL REPUBLIC OF NIGERIA & ANOR

(2018) JELR 33121 (CA)

Court of Appeal  •  CA/MK/66C/2017  •  8 Mar 2018  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JOSEPH EYO EKANEM, J.C.A.(Delivering the Leading Judgment): This appeal is against the ruling of the High Court of Benue State holden at Makurdi (the trial Court) in Charge No. MHC/73C/2016 on 14/12/2016. In the ruling, the trial Court overruled the preliminary objection of the appellant which challenged its jurisdiction to hear and determine the charge on the ground that the Federal High Court has exclusive jurisdiction over the matter.

The facts leading to this appeal are that the appellant was arraigned before the trial Court along with the 2nd respondent in a four count charge as follows:

Count One

That you Donald Orya Anagende (M) staff of Universal Basic Education Board Abuja and IhoAnumAchusa (M) Chairman Universal Basic Education Board Benue State between October 2013 to November 2013 at Makurdi Benue State whilst being in the services of Universal Basic Education Commission Abuja and Universal Basic Education Board Benue State respectively conspired among yourselves to knowingly…

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