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PAULINUS IKEDIGWE V. FEDERAL REPUBLIC OF NIGERIA

(2010) JELR 47639 (CA)

Court of Appeal  •  CA/E/10/2009  •  10 Jun 2010  •  Nigeria

Coram
OLUKAYDDE ARIWOOLA (Presided) JCA; JUMMAI HANNATU SANKEY JCA; AYOBODE LOKULO-SODIPE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment): The instant appeal is against the Ruling delivered on 11th November, 2008 by the High Court of Anambra State, Onitsha Judicial Division presided over by Hon. Justice C.E. Iyizoba, dismissing the Appellant's motion on notice in which he prayed the Court for an Order quashing the Charge preferred against him on the ground that the said Charge was not validly instituted as the Economic and Financial Commission or any of its officers have no power under the Dishonoured Cheques (Offences) Act to prefer the Charge in question. The High Court of Anambra State, Onitsha Judicial Division and the Economic and Financial Crimes Commission will hereinafter be simply referred to as "the lower court" and "the EFCC" respectively.

The facts of the instant matter as gathered from the Record of Appeal are that the Appellant was charged before the lower court for offences under the Dishonoured Cheques (Offences) Act, Cap D11, Laws o…

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