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HON. JUSTICE HYELADZIRA AJIYA NGANJIWA v. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37509 (CA)

Court of Appeal  •  CA/L/969C/2017  •  11 Dec 2017  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; YARGATA BYENCHIT NIMPAR JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the High Court of Lagos State; coram AKINTOYE, J., delivered on 23rd June, 2017, against the Appellant's Notice of Preliminary Objection dated and filed on the 13th June, 2017 challenging the jurisdiction of the Court to entertain and determine the instant information against the Appellant.

The facts relevant to the determination of this appeal are that, the Appellant was by a 14 Count information dated 8th June, 2017 charged for offences ranging from unlawful enrichment by a public officer to making false information contrary to Section 82(a) of the Criminal Law of Lagos State, No. 11, 2011 and Section 39(2) (a) of the EFCC (Establishment) Act, 2004. The Appellant upon being served with the information filed a Notice of Preliminary Objection challenging the jurisdiction of the trial Court to hear the case against him mainly on the ground that conditions precedent to the …

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