AKAAHS JSC: (Delivering the Lead Judgment): This appeal borders on the propriety of the charge preferred against the accused and the constitutionality of the Kano State Legal Notice No.10 of 1979 titled “The Criminal Procedure Code (preferment of charges in the High Court) Rules, 1979, Cap. 30, Laws of Kano State of Nigeria.
The records do not show when the application to prefer the charge was moved but in the judgment of the trial court reproduced on page 16 of the records, Mrs. Sulaiman who appeared for the state moved the application to prefer the charge on 10 April 2001 (sic) 10 April 2012 and it was granted without objection. On 5 June 2012, learned counsel representing the accused applied to quash the charge on the grounds that there were not sufficient and adequate materials or facilities to enable the accused prepare his defence and meet the case of the prosecution. The prosecution opposed the application and the arguments of counsel were taken on that same 5 June 2012 and …