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THE STATE V. JAMES ASHE & ANOR

(1981) JELR 41729 (SC)

Supreme Court  •  SC.5/1981  •  7 May 1981  •  Nigeria

Coram
AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; AUGUSTINE NNAMANI JSC;

Judgement

A. G. IRIKEFE, J.S.C. (Delivering the Leading Judgment): The Court of Appeal, because its attention was not drawn to Exhibit "A", took the view, quite rightly, that the trial of the appellants was a nullity in as much as it had not been shown that leave to prefer charges against them had been obtained from a Judge as required by law before the commencement of the trial. Since the trial is now valid prima-facie, it seems to me that the Court of Appeal is obliged in law to entertain arguments on the merit of the appeal. Accordingly, I would order that this appeal be remitted to the Court of Appeal for a hearing and determination on its merit. This means in effect that the conviction and sentence passed in this matter by the High Court of Benue State on 4/11/77 still stand.

I order that the two appellants who were discharged and acquitted by the Court of Appeal and who are now in this court be re-arrested. They are however to be admitted to bail in the sum of N1,000 in their own recognis…

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