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PETER NOSA IYEN v. FEDERAL REPUBLIC OF NIGERIA

(2009) JELR 47290 (CA)

Court of Appeal  •  CA/L/338/07  •  21 May 2009  •  Nigeria

Coram
ISA AYO SALAMI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

ISA AYO SALAMI, OFR (Delivering the Leading Judgment): The respondent pursuant to section 174(1) of the Constitution of Federal Republic of Nigeria, 1999 and section 13(2) of the Economic and Financial Crimes Commission (Establishment) Act [No. I of 2004] filed a five count charge against the appellant. The appellant brought a summon to be admitted to bail as well as an application for an order quashing the charge preferred against him.

Learned counsel for both parties, elaborately and strenuously canvassed their argument for and against the application. Learned trial judge delivered a reserved but not well considered judgment. The short judgment reads as follows -

"By Motion of Notice brought pursuant to section 36 of the 1999 Constitution the accused applicant PETER NOSA IYEN, is praying this court for:

1. AN ORDER quashing the charge preferred against the applicant in this matter.

2. AND such further or other orders as the court may deem fit.

The applicant gave the grounds upon whi…

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