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ALFRED ONYEMAIZU V. J.A. OJIAKO(CHIEF MAGISTRATE'S COURT EKWULOBIA) & ANOR.

(2010) JELR 33478 (SC)

Supreme Court  •  SC.339/2001  •  29 Jan 2010  •  Nigeria

Coram
ALOYSIUS IYORGYER KASTINA-ALU JSC; MAHMUD MOHAMMED JSC; WALTER SAMUEL ONNOGHEN JSC; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JSC; MUHAMMAD MUNTAKA-COOMASSIE JSC;

Judgement

C.M. CHUKWUMA-ENEH, J.S.C. (Delivering the Leading Judgment): This appeal is against the decision of the Court of Appeal (Enugu Division) delivered on 2/2/2000 upholding the decision of the Anambra State High Court sitting at Ekwulobia striking out the substantive motion on notice otherwise an application in this matter praying for an order of certiorari to quash the decision of His Worship J.O. Ojiako dated 3/11/1993. The applicant and the respondents in the said motion are respectively the appellant and the respondents in this court.

The facts of this matter are not in dispute. The applicant has been arraigned before His Worship J.A. Ojiako charged with the offence of stealing some quantity of corn worth about N500 from a farm and on having been convicted of the offence and sentence to 6 months imprisonment or to pay a fine of N1000 in the alternative, the applicant did not appeal the decision; rather he has filed an application for leave to apply for an order of certiorari to quash…

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