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MR. JOHN ONYEKWELU & ORS v. THE CHIEF REGISTRAR KANO STATE HIGH COURT & ORS

(2014) JELR 36438 (CA)

Court of Appeal  •  CA/K/133/2010  •  20 Jun 2014  •  Nigeria

Coram
THERESA NGOLIKA ORJI-ABADUA JCA; JOSEPH SHAGBAOR IKYEGH JCA; TIJJANI ABUBAKAR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal arises out of the refusal of the High Court of Justice of Kano State holden at Kano (the court below) to grant the appellants leave to apply for an order of prohibition restraining the 1st respondent's exercise of his administrative powers to transfer a part heard case of criminal intimidation from the 2nd respondent to the 4th respondent.

Reduced to the relevant and necessary facts of the case, the appellants stood trial for the offence of criminal intimidation before the Chief Magistrate Court 7 Nomansland Kano, the 2nd respondent. The case had suffered transfer to several magistrate courts before it rested at the 2nd respondent. Evidence was taken from the prosecution witnesses. The Investigation Police Officer (I.P.O.) was the witness left to close the case of the prosecution. It was at that stage that the 1st respondent acting on a petition brought by the police informant in the case transferred the caseā€¦

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