AKPABIO, JCA (Delivering the Leading Judgment): This was an appeal against a ruling of Chukwuma Eneh. J., of the then High Court of Enugu State (but now Ebonyi State) holden at Abakaliki in charge No. AB/5c/92 delivered on 30/3/95, wherein he held that the information as originally laid before him was invalid and incompetent as there was no incumbent Attorney-General in Enugu State as at the time the information was originally laid. He therefore struck out the case before him, but ordered the accused persons to be "remanded in prison custody for the D.P.P's necessary action in the light of this ruling as they are not entitled to be discharged."
In the original information, the three respondents were charged with murder contrary to section 274(1) Cap. 36 Laws of Anambra State of Nigeria, 1986, as applicable to Enugu State. Each of the accused pleaded "not guilty" and the trial started with the prosecution calling eight witnesses. At the end of the case for prosecution, the learned defe…