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CLEMENT AVIOMOH V. THE COMMISSIONER OF POLICE & SUNDAY ESAN

(2021) JELR 109176 (SC)

Supreme Court  •  SC.419/2014  •  12 Feb 2021  •  Nigeria

Coram
Olabode Rhodes-Vivour, JSC Musa Dattijo Muhammad, JSC Helen Moronkeji Ogunwumiju, JSC Abdu Aboki, JSC Emmanuel Akomaye Agim, JSC

Appearances
GODWIN LYINBOR FOR THE APPELLANT; SIMON LOUGH ACP WITH HIM, E.T.T. ASSAYOMO CP, O. T. LOUGH ESQ. AND JOY ESABA FOR THE 1ST RESPONDENT; S. G. KEKERE AKPE FOR THE 2ND RESPONDENT.

Judgement

HELEN MORONKEJI OGUNWUMIJU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Coram A. D. Yahaya, M.A.A Adumein and T. A Wilson JJCA delivered on 16/5/2014. The Hon Justices of the Court of  appeal had upheld that part of the judgment of the High Court of the FCT in its appellate jurisdiction which had upheld the ruling of the trial Chief Magistrates' Court on the issue of the jurisdiction of the trial Court to entertain the criminal proceeding initiated by a First Information Report at the trial Court against the Appellant. My Lords, it is important to set out the undisputed facts which led to this appeal copiously.

One Mr. Femi Otedola, the Chairman of African Petroleum PLC at every material time to this appeal filed a direct criminal complaint against the Appellant herein, then a Director of Finance in African Petroleum PLC, at the Chief Magistrates' Court, Wuse Zone II, Abuja, on the 19th day of October, 2010 and same was referr…

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