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CHARLES IGWE v. THE STATE

(2018) JELR 38317 (SC)

Supreme Court  •  SC.715/2015  •  14 Dec 2018  •  Nigeria

Coram
MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALUMJE JSC; SIDI DAUDA BAGE JSC;

Judgement

KUMAI BAYANG AKA'AHS, JSC (Delivering the Leading Judgment): The appellant was the 4th accused in amended Charge No. A/57C/2008 before the Anambra State High Court, Awka for the offences of conspiracy to commit murder and attempted murder. Before the arraignment could take place, the learned counsel appearing for the appellant and the other accused persons brought an application dated 5 January, 2012 challenging the competence of the information and the supporting proofs of evidence seeking the following orders:-

1. Dismissing or striking out the Proofs of Evidence in this matter as incompetent and an abuse of Court process.

2. Quashing the information filed in this Court against the applicants as incompetent for failure to contain the proper Proofs of Evidence as required by Section 220(f) of the Administration of Criminal Justice Law 2010.

3. Quashing or dismissing the information and the entire proceedings as the Honourable Court has no jurisdiction over the person of the 5th applican…

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