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OGUNBIYI JSC (Delivering the Lead Judgment): The facts of this appeal are on all fours with the sister case in appeal No. SC. 254/2007. The record of proceedings is also the same as it proceeded from the same trial and resulting from the same ruling from whence the interlocutory appeal emerged. With the issues raised also the same, the outcome of one judgment automatically binds the other.
On a community reading of section 4(2)(b) of the Penal Code Act, read along with section l34(a)(b)(c) and (d) of the Criminal Procedure Code Act as well as section 301 of the Constitution of the Federal Republic of Nigeria, 1999, the Attorney-General of the Federation is competent to issue a fiat for the prosecution of the charge inclusive of counts 3 and 4.
This is especially with the offences having, by operation of law, automatically become those that were committed within the FCT upon the entry of the appellant into the Federal Capital Territory. As a consequence therefore, counts 1, 2, 3 and 4 ar…