JONAH ONYEBUCHI EZE V. FEDERAL REPUBLIC OF NIGERIA

ESO, JSC (Delivering the Leading Judgment): The point involved in this appeal has been considerably narrowed down, especially by the briefs filed by both learned counsel for the Appellant and the Respondent. However, I would have to state the facts relevant to the issue now before this court.

The issue itself is whether jurisdiction lies in the Federal High Court or the State High Court in regard to the case against the Appellant, Jonah Eze. There were four counts charge against the Appellant, but only two are relevant for the purpose of this appeal. They are counts 3 and 4 and they read as follows-

"COUNT 3:

That you, Jonah Onyebuchi Eze of No. 18 Obun Eko Street, Lagos, in the Lagos Judicial Division on or about the 8th day of September, 1980 at Apapa Port, Lagos, knowingly delivered to a Customs Officer a document produced for the purposes of Customs to wit, a duplicate copy of an expired firearms import licence which is untrue in a material particular and thereby committed an off…