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ALHASSAN AUWALU V. FEDERAL REPUBLIC OF NIGERIA & ANOR

(2016) JELR 46584 (CA)

Court of Appeal  •  CA/A/242C/2015  •  19 May 2016  •  Nigeria

Coram
ABDU ABOKI JCA; MOORE ASEIMO A. ADUMEIN JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment):This is an appeal against the ruling of the High Court of the Federal Capital Territory Abuja delivered on the 20th of April, 2015, dismissing the appellants motion to quash the charge against him on the following grounds, shorn of their particulars:

''GROUND ONE:

The learned trial judge erred in law and acted without Jurisdiction when he dismissed the appellants application dated 16th March, 2015 and assumed jurisdiction to try the appellant on the charge filed and served before the leave to prefer same was obtained by the Prosecutor.

GROUND TWO:

The learned trial judge erred in law and acted without jurisdiction when after dismissing the Appellants objection to quash the charge he ruled that the Appellant should face the two counts on the charge thereby breached the appellants right to fair hearing and fair criminal trial.

GROUND THREE:

The learned trial judge erred in law and thereby breached the Appellant's right to fair hearin…

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