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FEDERAL REPUBLIC OF NIGERIA v. TOMOLUJU OKUNOMO & ORS

(2010) JELR 33263 (CA)

Court of Appeal  •  CA/A/279c/M/09  •  18 Oct 2010  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; PAUL ADAMU GALINJE JCA; JIMI OLUKAYODE BADA JCA;

Judgement

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Ruling): The 1st, 2nd and 3rd Accused/Respondents as well as the 4th Accused/Applicant were arraigned before the High Court of the Federal Capital Territory, Abuja charged with various offences on the 12th of March, 2007. On the 3rd day of April, 2008, the Accused/Applicant through his counsel applied that the charges against him be struck out on the ground that the Complainant/Respondent failed to comply with the mandatory statutory requirement of furnishing the Accused/Applicant with the proofs of evidence of the charges, which failure affected the jurisdiction of the Court. The application was heard and in a ruling delivered on the 26th of June, 2008, the lower court held that the statutory requirement is not mandatory and therefore refused the application.

By a notice of appeal dated 9th September, 2008 and filed on the 10th of September, 2008, the Accused/Applicant challenged the ruling aforesaid before this Court. Thereafter theā€¦

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