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HRH IGWE JOHN OSITA UMENYIORA & ORS v. THE STATE

(2016) JELR 42328 (CA)

Court of Appeal  •  CA/E/191/2010  •  15 Mar 2016  •  Nigeria

Coram
TOM SHAIBU YAKUBU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

TOM SHAIBU YAKUBU, J.C.A. (Delivering the Leading Judgment): The appellant along with nine other persons were jointly charged with various offences contained in 10 counts on a criminal information, prepared at the instance of the Attorney General of Anambra State, in re Charge No. OT/12c/2007: THE STATE v. CHARLES GWACHAM and 9 ORS. On the 15th August, 2008, the appellant was served with the Notice of trial which was pasted on the front gate of his palace at Ogbunike. The appellant did not appear in Court to take his trial but filed an application at the trial High Court of Justice holden at Awka, and prayed as follows:

"(1) That the charge No. OT/12c/2007; THE STATE v. CHARLES GWACHAM and 9 ORS., pending before this Court be struck out in so far as it concerns the Applicant, without requiring the Applicant to plead thereto being totally irregular, incompetent and void.

(2) That further proceedings based on Charge No. OT/12c/2007; THE STATE v. CHARLES GWACHAM and 9 ORS., in so far as th…

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