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CHIEF OKECHUKWU NWAFORAGU V. THE STATE

(2021) JELR 106955 (CA)

Court of Appeal  •  CA/AW/32C/2017  •  11 Mar 2021  •  Nigeria

Coram
Chioma Egondu Nwosu-Iheme, JCA Isaiah Olufemi Akeju, JCA Patricia Ajuma Mahmoud, JCA

Judgement

CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment): The Appellant filed this Appeal against the Ruling of the High Court of Anambra State Idemili Judicial Division, holding at Ogidi Coram P. N. T. Otti, J, delivered on the 26th day of January, 2017, wherein the Learned Trial Judge dismissed the application of the Appellant challenging the information filed by Private Counsel.

SUMMARY OF FACTS

The Appellant was arraigned at the Magistrate Court Idemili Magisterial District on a two count charge of

i. Conspiracy contrary to Section 495 (a) of the Criminal Code of Anambra State 1991 as amended and

ii. Promoting of local war contrary to Section 86 of the same Criminal Code of Anambra State.

Chief Ikenna Egbuna Esq (now SAN) obtained a fiat issued by the Attorney General of Anambra State to prosecute this Suit. The fiat is dated the 13th day of March, 2014.

​The trial Magistrate subsequently transferred the case for trial at the High Court. Consequently, Chief Ikenna Egbuna file…

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