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CHIKEZIE ONYEANUSI V. MISCELLANEOUS OFFENCES TRIBUNAL

(2002) JELR 33800 (SC)

Supreme Court  •  SC.49/1996  •  31 May 2002  •  Nigeria

Coram
SALIHU MODIBBO ALFA BELGORE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; UTHMAN MOHAMMED JSC; SAMSON ODEMWINGIE UWAIFO JSC; AKINTOLA OLUFEMI EJIWUNMI JSC;

Judgement

E. O. OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant and 33 others were arraigned before the respondent (The Miscellaneous Offences Tribunal, Eastern Zone, Owerri) on a two count charge of arson of dwelling houses under

(i) section 3(4)(a) of Special Tribunal Decree, 1984 as amended by Decree No. 22 of 1986 and

(ii) arson of cultivated crops under section 3(5) of the said Decree, 1984 as amended. (charge no.MOJ/IM/16C/90).

Upon an ex-parte application for leave to apply for an order of prohibition to restrain the respondent herein from further proceeding with charge no. MOJ/IM/16C/90 on the ground that the respondent lacked the jurisdiction to hear and determine the said charge, the learned trial Judge on 26th October, 1990 granted leave to the appellant to apply for the said order and also made an interim order restraining the respondent from further trial of the said charge.

The appellant subsequently filed a motion on notice praying the court for the following…

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