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(2019) JELR 87065 (CA)

Court of Appeal  •  CA/L/722c/2018  •  22 Jan 2019  •  Nigeria

Mohammed Lawal Garba J.C.A. Joseph Shagbaor Ukegh J.C.A Jamilu Yammama J.C.A


JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court Lagos Division in CHARGE NO: FHC/L/251C/2016 delivered by Honourable Justice R.M. Aikawa wherein the Court gave judgment in favour of the 1st Respondent.

The material facts leading to this appeal are that the Appellant was charged alongside the 2nd, 3rd and 4th Respondents in charge no. FHC/L/251C/2016, dated 13th June, 2016, before the Federal High Court Lagos Division. Appellant was arraigned and trial commenced. Appellant acting on the belief that the Lagos Division of the lower Court was not the proper forum for the trial of the matter brought an application dated 15th day of May, 2017, seeking the following:

1. An order of this Honourable Court declining jurisdiction and transferring the charges preferred against the 2nd Defendant/Applicant as presently constituted in Charge No. FHC/L/251C/2016 Federal Republic of Nigeria v. Nnenadi Esther Usman and 3 Ors t…

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