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CHARLES UMEZINNE v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 38307 (SC)

Supreme Court  •  SC.173/2014  •  14 Dec 2018  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; OLUKAYODE ARIWOOLA JSC; CHIMA CENTUS NWEZE JSC; AMINA ADAMU AUGIE JSC; PAUL ADAMU GALUMJE JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering the Leading Judgment): At the Federal High Court, Lagos Judicial Division, the appellant, [as accused person], was charged with sundry offences under the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap 34 Laws of the Federation of Nigeria, 2004 and under the Foods Drugs and Related Products (Registration Etc), Cap 133, Laws of the Federation of Nigeria, 2004. Emeka Oji, the Chief Legal Officer of the respondent, at the time, on behalf of the Attorney General of the Federation, signed the Charge Sheet.

On February 16, 2016, the appellant objected to the Charge on two grounds, namely, that the said Charge, which Emeka Oji signed for himself and on behalf the Attorney General of the Federation, was incompetent and irregular. The other ground was that the Court lacked the jurisdiction to entertain it. Both the High Court and the Court of Appeal, in their respective Rulings, dismissed the objection.

The app…

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