MERCY OKOROAFOR V. THE STATE

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This appeal stems from the interlocutory ruling of Hon. Justice Otisi (as he then was) of the High Court of Abia State sitting in Aba, delivered on 10/5/2010 wherein His lordship dismissed the Appellant's application to quash Charge No. A/7C/2009.

The facts culminating in this appeal are that the Appellant and one other person were arraigned on 13/8/2008 before a chief magistrate court sitting in Aba South, Abia State on the counts of conspiracy, stealing and malicious damage. The Appellant pleaded not guilty whereupon the matter proceeded to trial.

The prosecution in proof of its case called PW1 who testified and was fully cross examined. Sequel to the inability of the prosecution to call their other witnesses, they were foreclosed and accused persons called upon to open their defence. DW1 testified on 9/10/08 and the matter was adjourned to 7/11/08 for his cross examination. On 7/11/08 the prosecutor brought an applicati…