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JOLLY TEVORU NYAME V. FEDERAL REPUBLIC OF NIGERIA

(2009) JELR 47263 (CA)

Court of Appeal  •  CA/A/96C/08  •  24 Feb 2009  •  Nigeria

Coram
UWANI MUSA ABBA-AJI JCA; MARY U. PETER-ODILI JCA; OYEBISI FOLAYEMI OMOLEYE JCA;

Judgement

MARY U. PETER-ODILI, JCA (Delivering the Leading Judgment): By way of an application dated and filed on the 10th October, 2007, the Appellant prayed the trial High Court presided over by Hon. Justice A.A.I. Banjoko for the following orders:-

"(1) AN ORDER quashing all the 41 count charges preferred against the Accused person with the leave of this Honourable Court obtained on the 13th July, 2007 for failure to disclose a prima facie case against the Accused person and for want of jurisdiction and competence by this Honourable Court to adjudicate on this case as constituted.

(2) AND FOR SUCH further or other order or orders as this Honourable Court may deem fit and just to make in the circumstance of this case."

On the face of the motion paper the Appellant listed 16 (sixteen) grounds for making the application which can be summarized as follows:-

(i) That since none of the proceedings, offences or elements thereof originated at the Federal Capital Territory, Abuja, and then by the pro…

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