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LUCY ONWUDINJO v. THE STATE

(2014) JELR 36285 (CA)

Court of Appeal  •  CA/E/37/2013  •  14 Nov 2014  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA; SAIDU TANKO HUSAINI JCA;

Judgement

TOM SHAIBU YAKUBU, JCA (Delivering the Leading Judgment): The appellant was arraigned before the Enugu State High Court of Justice, holden at Enugu on a two count charge of child stealing contrary to Section 321 of the Criminal Code of Enugu State and False statement/Information to the police contrary to Section 154 (1)(a) and (b) of the Criminal Code of Enugu State. The arraignment of the appellant was at the instance of the Attorney General of Enugu State on 23rd March, 2011. When the case came up on 11th June, 2012 for hearing, one J. O. Ikeyi, Esq., of learned counsel, a private legal practitioner announced his appearance for the Respondent. The learned trial judge asked of him, the Attorney General's fiat which enabled him to announce his appearance for the prosecution of the case. W. O. Abonyi, Esq., for the appellant, informed the court that he too, wanted to raise the same question with respect to the Attorney General's fiat which would enable Mr. Ikeyi, to prosecute the case.…

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