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LOVEDAY IKPEAZU V. COMMISSIONER OF POLICE

(2016) JELR 41125 (CA)

Court of Appeal  •  CA/OW/184C/2014  •  21 Dec 2016  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
N. O. Chukwuezi For Appellant Respondent absent. Served hearing notice on 19-9-16.Appellant's brief served on 6-9-15 For Respondent

Judgement

RAPHAEL CHIKWE AGBO, J.C.A. (Delivering the Leading Judgment): The Appellant was arrested by the police on 5th October, 2013 on the allegation of murder of Mr. Ugochukwu Menths Ahamkonye. On 23-10-13 he was arraigned before the Magistrate Court of the Egbema Magisterial District on a charge of conspiracy and murder in charge no MEG/43C/2013. The magistrate declared that he had no jurisdiction to hear the case but remanded the Appellant in prison custody. On 4-12-13, the Appellant filed a motion at the Imo State High Court Oguta seeking bail from his continued incarceration. The motion number is HOG/232C/2013. The motion was by a ruling delivered on 31st March 2014. The High Court refused bail but instead ordered that information be filed at the High Court formerly charging the applicant before a Court of competent jurisdiction. The Appellant filed this appeal against the ruling of the High Court. Up to this moment, there is nothing to show that the Appellant has been arraigned before …

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