judy.legal
Login Register

EDUN ALABI BOLAJI & ANOR v. THE STATE

(2009) JELR 47468 (CA)

Court of Appeal  •  CA/IL/C.40/2008  •  8 Jul 2009  •  Nigeria

Coram
SOTONYE DENTON-WEST JCA; JUMMAI HANNATU SANKEY JCA; IGNATIUS IGWE AGUBE JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The Appellants were arraigned before the High Court of Kwara State sitting at Ilorin on a four count charge of conspiracy and attempt to commit mischief by fire and culpable homicide contrary to and punishable under Sections 97, 95, and 229 of the Penal Code. When the charge was read to them, they each pleaded not guilty. Proofs of evidence had earlier been filed along with the application to prefer a charge and the charge itself before the Court. Before trial could commence, the Appellants filed an application at the trial court wherein they prayed for an order of court quashing the charge against them on the ground that no prima facie case is disclosed by the proof of evidence. In its ruling delivered on 13th November, 2007, the Court, per Adewara, J., held that a prima facie case was disclosed in the proof of evidence and thus dismissed the application. Dissatisfied, the Appellants filed this Appeal.

At the hearing of…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login