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ISHAYA BAMAIYI V. THE STATE & ORS.

(2006) JELR 21342 (CA)

Court of Appeal  •  CA/L/40/2000 (2)  •  9 Jan 2006  •  Nigeria

Coram
ISA AYO SALAMI JCA; KUMAI BAYANG AKAAHS JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

M. D. MUHAMMAD, JCA (Delivering the Leading Judgment): The appellant in this appeal was charged along with 2nd, 3rd, 4th and 5th respondents on a two count information in charge No. LCD/108/99 at the High Court of Lagos State in November, 1999 Coram Ade-Alabi, J. (as he then was). Before pleading to the information, the appellant by a notice of motion dated 20th December, 1999, prayed for the court's order quashing the two-count information on the ground that the proof of evidence had not disclosed any prima facie case against him. The motion was argued and the court in its considered ruling of 11th January, 2000, dismissed appellant's preliminary objection. Being dissatisfied with this ruling, the appellant has filed the instant appeal on his initial notice dated 19th April, 2000 containing two grounds. His amended notice of appeal filed on 27th May, 2003 presently contains four grounds of appeal.

A notice of preliminary objection pursuant to order 3 rule 15(1) of the Court of Appea…

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