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SIMON KIRDI NANLE V. FEDERAL REPUBLIC OF NIGERIA & ORS

(2018) JELR 39208 (CA)

Court of Appeal  •  CA/A/272B/CR/2016  •  6 Mar 2018  •  Nigeria

Coram
ABUBAKAR DATTI YAHAYA JCA; PETER OLABISI IGE JCA; TANI YUSUF HASSAN JCA;

Appearances
Alfred Danbaba For Appellant J. Agoro, with him, F. Agunbiade -for 1st respondent.I. Okoye with him, P. Ogbonna - for 2nd respondent. For Respondent

Judgement
<p>ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Leading Judgment): The 1st respondent in this appeal, was the complainant in the High Court of the Federal Capital Territory Abuja (the trial Court). It filed a 65 - count charge against six defendants, the appellant in this appeal being the 3rd defendant. The charges are under Sections 97(1) and 315 of the Penal Code Cap 535 Laws of the Federation 1990. The 1st defendant challenged the jurisdiction of the trial Court. The appellant made a No case submission, as did the other defendants charged. The trial Court delivered its Ruling on the 26th February 2016, wherein it overruled the No case submission made by the appellant and reserved Ruling in respect of the challenge to the jurisdiction of the Court, raised by the 1st defendant, to the end of the substantive case.</p><p>Being dissatisfied, the appellant filed a Notice of Appeal against the Ruling, on three grounds of appeal which are -</p><p>GROUND 1</p><p>The learned trial judge misdirected himself in law …</p>

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