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COMMISSIONER OF POLICE v. ANAYO UGWUMBA

(2020) JELR 87092 (CA)

Court of Appeal  •  CA/OW/508C/2018  •  28 Feb 2020  •  Nigeria

Coram
AYOBODE OLUJIMI LOKULO-SODIPE JCA ITA GEORGE MBABA JCA IBRAHIM ALI ANDENYANGTSO JCA

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Leading Judgment): This Appeal emanated from the decision of Imo State High Court in Suit No. HOU/30CM/2018, delivered on 15th October 2018, wherein the trial Court held that the power of the fiat dated 23/5/2018, obtained by the Appellants Counsel to prosecute the charge (MUB/6C/2018) at the Magistrate Court, against the Respondent (Anayo Ugwumba) did not extend to the power to appear before the High Court in the application to seek the bail of the Respondent.

A brief facts of the case shows that the Respondent had been charged before the Magistrates Court, Ubulu in Oru-West L.G.A of Imo State (in a holding Charge) for murder, sometime in April 2018. Because the Learned Magistrate had no jurisdiction to take the trial, it ordered the remand of the Respondent in the Prison, and for the case file to be sent to the Director Public Prosecution (DPP), for advice/further action. That was on 8/5/18 and the case was adjourned to 11/5/2018 for report (S…

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