SUNDAY ANYA V. THE STATE

TOM SHAIBU YAKUBU, J.C.A.(Delivering the Leading Judgment): This appeal is sequel to the ruling of the Anambra State High Court of Justice, holden at Aguata-Ekwulobia, delivered on 6th February, 2017.

The appellant was arraigned at the Court below on 30th June, 1997 vide the Charge No. AG/26C/1997 along with 16 others, on a six count charge of conspiracy, malicious damage, rioting, stealing, forceful entry and riotous demolition of property. The appellant pleaded not guilty to the said charges, upon his arraignment on 30th June, 1997. The trial of the appellant commenced on 8th November, 1999 and the respondent fielded her first witness (PW1). Thereafter, for one reason or the other, the trial became stalled. The proceedings were then before Ezeani, J., who admitted the appellant as his co-defendants, to bail.

On 9th March, 2016, the appellant filed a motion on notice wherein, he sought an order to the effect that the charges preferred against him, be quashed/dismissed, which would lead…