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CHRISTIAN SCOTT-EMUAKP OR V. HON. JUSTICE S. A. EHIWARIO DELTA STATE ATTORNEY-GENERAL

(2003) JELR 54900 (CA)

Court of Appeal  •  CA/B/248/2000  •  24 Dec 2003  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA (Presided) MOHAMMED SAIFULLAHI MUNTAKA-COOMASSIE JCA KUMAI BAYANG AKAAHS JCA (Read the Lead Judgment)

Appearances
H. O. Obukata - for the Appellant. -*- Respondent’s brief was prepared by N. D. F. Momoh, Assistant -*- Chief Legal Officer.

Judgement

AKAAHS JCA (Delivering the Lead Judgment): This is an appealfrom the orders of the High Court of Justice, Ughelli dated 23/11/2000 and presided over by Ehiwario J. The orders which the lower court made were as follows: “(a) The 1st accused, Christian Scott-Emuakpor should be arrested forthwith and detained in Federal Prison, Warri where he could A be assisted to court under security cover to ensure his personal safety.

The Divisional Police Officer, Ughelli North Local Government Area should ensure that the 2nd, 3rd, 11th and 12th accused persons who had not been served be served.

This case is adjourned to 1/12/2000 for plea to be taken.

A copy of this proceeding should be forwarded to the Divisional Police Officer, Ughelli North Local Government Area for his necessary action.”

The background facts leading to this appeal are as follows: On 22/1/ 2000 the accused/appellant was arrested on suspicion of the murder of oneOwin Kumani. He appeared before a Chief Magistrate at Asaba on a holdi…

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