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DOKITA SANNI & ORS V. COMMISSIONER OF POLICE

(2018) JELR 41981 (CA)

Court of Appeal  •  CA/AK/86/2017  •  29 Jun 2018  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice of Ondo State delivered on the 9th day of January, 2017 in suit No. HOW/SCRA/2016 by which it dismissed the appeal of the Appellants from the Chief Magistrate Court Owo and ordered that the trial of the Appellants as Accused persons continue there at inspite of their no case submission and adjournment granted for delivery of Judgment therein.

This was aborted by a subsequent order for continuation made on a later date by an application to amend the charges as filed. It is against this Judgment that the Appellants appealed to the High Court. The appeal was allowed on the 1st and 2nd Issues raised thereat to wit:

(i) Whether the Administration of Criminal Justice Act 2015 applied to Ondo State and (ii) whether the trial Magistrate Could apply Suo Motu apply the equivalent administration of Justice law of Ondo State to the proceedings;

At the hearing of th…

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