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DR. NATHANIEL SHIDALI LADI MUAZU ANDREW TYEM V. FEDERAL REPUBLIC OF NIGERIA

(2006) JELR 50888 (CA)

Court of Appeal  •  CA/J/150C/2003  •  30 Nov 2006  •  Nigeria

Coram
RABIU D. MUHAMMAD JCA (Presided and Read the Lead Judgment) AHMAD OLAREWAJU BELGORE JCA UZO I. NDUKWE-ANYANWU JCA

Judgement

MUHAMMAD JCA (Delivering the Lead Judgment): The appellants were arraigned before the Jos High Court presided over by Nimpar J, on a ten count charge. They were charged with offences contrary to sections 19, 25(1) and 26(1)(c) of the Corrupt Practices and Other Related Offences Act, 2000. Nimpar J was the Judge designated by the Plateau State Chief Judge, pursuant to section 61(3) of the said Act to try offences under the Act. The appellants pleaded not guilty to the charge. The appellants also brought a motion on notice askingfor the following reliefs:-

“1. An order of court striking out the entire charges against the applicants and discharging them on the ground that this honourable court lacks jurisdiction to entertain same. 2. Such other order(s) as the honourable court may deem fit to make in the circumstances of the case”.

The application was supported by an eleven paragraphs affidavit. The respondent opposed the application on points of law and as such did not file a counter-af…

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