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IN THE MATTER OF APPLICATION FOR AN ORDER OF JUDICIAL REVIEW BY WAY OF CERTIORARI IN RE: THE STATE V. MONSURAT LAWAL KAZEEM ALIMI SAIDI BELLO AKEEM LAWAL V. SENIOR MAGISTRATE GRADE II MR. B. O. QUADRI OF MAGISTRATES’ COURT 4 IBADAN COMMISSIONER OF POLICE OYO STATE

(2013) JELR 53442 (SC)

Supreme Court  •  SC. 80/2004  •  15 Feb 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC (Presided and Read the Lead Judgment) MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC SULEIMAN GALADIMA JSC NWALI SYLVESTER NGWUTA JSC STANLEY SHENKO ALAGOA JSC

Judgement

MOHAMMED JSC (Delivering the Lead Judgment): This appeal isagainst the judgment of the Court of Appeal, Ibadan delivered on 1 July 2003 in which that court dismissed the appellants’ appeal against the ruling of the High Court of Justice of Oyo State Ibadan dismissingthe appellants’ application for an order of certiorari to quash their conviction and sentence by the 1st respondent/respondent Senior Magistrates’ Court 4 Ibadan for the offences of conspiracy, malicious damages and causinggrievous bodily harm.

From the record of appeal particularly the proceedings at the trial Senior Magistrates’ Court where the appellants were tried and convicted, it is clear that the judgment of the trial court was delivered about 10 months after the addresses of the learned counsel. It is not disputed from the record that the offences for which the appellants were convicted were within the jurisdiction of the trial court. The main contention between the parties in this appeal therefore is whether or…

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