MATHEW OBAKPOLOR V. THE STATE

E. O. I. AKPATA, J.S.C. (Delivering the Leading Judgment): One of the methods by which criminal proceedings could be instituted in the High Court in Bendel State and a number of other States in the country was by information filed in the court after the accused had been committed for trial by a magistrate following a preliminary Inquiry. The practice of conducting such an Inquiry before an information is filed has been discontinued. This appeal however relates in the main to a procedural irregularity in the committal of the appellant for trial following a preliminary Inquiry in 1986.

On an information filed by the Attorney-General of Bendel State, the accused, now appellant, was charged with the murder of one Dele Kukuru on or about the 4th day of August, 1985 at Sapele in the Sapele Judicial Division of Bendel State. The charge arose from the committal of the accused to the High Court for trial by the Magistrate who conducted a preliminary inquiry under the provisions of Part 36 of …