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ACHINIKE G. WILUAM-WOBODO V. CHIEF (MRS) EUNICE A. IGWE & ORS.

(2009) JELR 42133 (CA)

Court of Appeal  •  CA/PH/145/2005  •  22 Apr 2009  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA; EJEMBI EKO JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Rivers State High Court [after now lower court] in a ruling delivered on 29/7/2004 in charge NO.PHC/8c/2004, struck out a complaint made by the Appellant on the grounds that it was statute barred and bad for duplicity. The Appellant as a private person, had on the 29/3/2004 instituted the complaint pursuant to sections 59 and 77[1][b] of the Criminal Procedure Act, Cap 77, LFN, 1990 against the Respondents for the offences of procurement and uttering false documents, forgery and conspiracy contrary to sections 473, 467 and 516 respectively of the Criminal Code Act. In reaction to the complaint, the Respondents caused a motion on notice to be filed on 17/5/2005 in which the jurisdiction of the lower court to entertain the complaint as well the competence of the complaint were challenged on separate grounds. Written addresses on the said motion were filed and adopted by learned counsel for the parties on the 16/7/2004. …

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