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Commissioner of Police v. Sebastine Obasi & Ors.

(1976) JELR 42473 (SC)

Supreme Court  •  SC.83/1975  •  9 Jan 1976  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; MOHAMMED BELLO J.S.C JSC; ANDREWS OTUTU OBASEKI AG. JSC;

Judgement

M. BELLO, J.S.C. (Delivering the Leading Judgment): This is a case stated by Aseme, J., on his own motion, under the provisions of Section 39(2) of the High Court Law of the East Cental State. The learned judge making the reference states the questions upon which the opinion of this Court is sought as follows:-

Facts:

"In view of the fact that there are two divergent interpretations placed on Section 18 of the Magistrates Court Law Cap. 82 Laws of Eastern Nigeria, in the High Court decision of Aniagolu, J. in Appeal No.HU/4CA/72 Mohammed Bello Ukaegbu and another v.Commissioner of Police (1972) 2 ECSLR 207 and Nwokedi, J. in Appeal No. HO/16CAI72 Dorcas Nwagu and another v. Commissioner of Police (1973) 3 ECSLR 29 on one hand and the decisions of Umezinwa, J. in Appeal No. HU/4CA/72 Oti Kalu and others v. Commissioner of Police (1972) 2 ECSLR 738 and Aseme, J. in the instant appear No AA/8CA/74 Commissioner of

Police v. Sebastine Obasi and others on the other hand; it is desired to s…

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