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WALTER WAGBATSOMA V. FEDERAL REPUBLIC OF NIGERIA

(2015) JELR 55456 (CA)

Court of Appeal  •  CA/L/1041/2014  •  30 Apr 2015  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA (Presided) ABUBAKAR TIJJANI JCA ABIMBOLA O. OBASEKI-ADEJUMO JCA ( Read the Lead Judgment)

Judgement

OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): Thisappeal is from the ruling of the Lagos State High Court per Okunnu J. delivered on 10 October 2014 wherein it dismissed the appellant’s no- case submission application dated 2 June 2014. The said application challenged the lower court’s jurisdiction in respect of information that the appellant initiated before it, relating to some criminal charges arising from diverse matters and asked for the discharge of the appellant on the ground that no case was made out against him at the close of the prosecution’s case.

The lower court dismissed the application and assumed jurisdiction and struck down section 19 of the Admiralty Jurisdiction Act as being inconsistent with the Constitution. The appellant dissatisfied with the ruling appealed to this court vide an amended notice of appeal dated and filed on 29 January 2015 on 12 grounds. The appellant’s brief is dated and filed on 10 February 2015 and a reply brief dated and filed 24 Febr…

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