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FEDERAL REPUBLIC OF NIGERIA v. VINCENT OGBULAFOR & ORS

(2012) JELR 35148 (CA)

Court of Appeal  •  CA/A/533/C/2010  •  9 May 2012  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; HUSSEIN MUKHTAR JCA; EJEMBI EKO JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from two interlocutory decisions of the High Court of the Federal Capital Territory Abuja delivered by Bello, J. granting an order for stay of proceedings and subsequently ordering further hearing in the case after severing the 1st and 2nd accused person's case from that of the 3rd accused. The two orders were respectively made on the 14th and 20th December, 2010 with both of which the appellant was aggrieved.

The three respondents ore jointly charged as accused persons before the lower court. After pleading "not guilty" to the 17 count charge, the 1st and 3rd accused persons/respondents brought an application challenging the competence of the charge and the jurisdiction of the court to try them. The court, in its ruling delivered on the 14th October, 2010, held that the counts were valid and competent. The 3rd accused was dissatisfied with that ruling and appealed against it. He then filed an application …

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