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CLEMENT AVIOMOH v. COMMISSIONER OF POLICE & ANOR

(2014) JELR 36612 (CA)

Court of Appeal  •  CA/A/517C/2012  •  6 May 2014  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; MOORE A. A. ADUMEIN JCA; TINUADE AKOMOLAFE-WILSON JCA;

Judgement

ABUBAKAR DATTI YAHAYA, JCA (Delivering the Leading Judgment): The decision giving birth to this appeal arose on the 24th day of May 2012, when the High Court of the Federal Capital Territory gave its judgment, upholding the Ruling of the Chief Magistrate Court, Wuse Abuja.

One Femi Otedola made a direct complaint to the Chief Magistrate Court Wuse, against the appellant herein, and one other. The Magistrate ordered an investigation. The Police investigated, and arraigned the appellant on a First Information Report (FIR) for joint acts of defamation of character, injurious falsehood, printing or engraving matter known to be defamatory and sale of printed or engraved substance containing defamatory matters contrary to sections 79, 392, 393, 394 and 395 of the Penal Code Cap 53, Laws of the Federation of Nigeria 1990. The appellant filed a Preliminary Objection on the grounds that the Chief Magistrate Court had no jurisdiction to entertain the proceedings. The Chief Magistrate Court over…

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