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CaseLaw

Alhassan Auwalu V. FRN (2017) CLR 12(o) (SC)

Judgement delivered on December 15, 2017

Brief

  • Criminal cases
  • Corrupt Practices & Other related offences act
  • Filing and serving of the charge
  • Appellate court formulating issues
  • Raising fresh issues on appeal
  • Section 185(b) of the Corrupt Practices & Other related offences act
  • Section 25(1)(a) of the Corrupt Practices and Other Related Offences Act 2000
  • Section 26(1)(c) of the Corrupt Practices and Other Related Offences Act 2000
  • Section 36(6) of the 1999 Constitution
  • Section 36(6)(a)(b) of 1999 Constitution
  • Section 185(B) of Criminal Procedure Code
  • Section 36(12) of the 1999 Constitution
  • Section 201 of the Criminal Procedure Code
  • Section 55 of the 2004 Act
  • Section 185(a) of the Criminal Procedure Code
  • Rule 3(2)(a) of Criminal Procedure Code
  • Order 18 Rule 4(1) Court of appeal Rules
  • Order 9(b) of the Court of Appeal Practice Direction of 2013
  • Family Propert
  • Declaration of title to land
  • Family Propert

Facts

This is an appeal against the judgment of the Court of Appeal, Abuja division (hereinafter referred to as "the lower court") delivered on 19th of May, 2016 which affirmed the Ruling of the High Court of Federal Capital Territory, Abuja (the trial court) delivered by MB. Idris J. on 20th April 2015.

The facts which gave rise to this appeal are summarised hereunder. On 12th March, 2015, the appellant and one other accused person were arraigned before the trial High Court by the respondent/prosecution on five count charge filed on 13th February, 2015, of course, after the latter obtained leave from the trial court. The five count charges were contrary to Section 25 (1) (a) and Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act 2000. Both the appellant and his co-accused pleaded not guilty to the charges when same were read to them and the trial court thereafter-admitted them to bail.

Then on the 16th March, 2015, the appellant filed a motion before the trial court, praying it to quash the instant charge on three grounds listed below-

  • 1
    That the charge was incompetent, unconstitutional and void as same violated the provisions of Section 36(6) and (12) of the Constitution of the Federal Republic of Nigeria 1999, as amended, Section 201 of the Criminal Procedure Code and had amounted to grave abuse of process of the court.
  • 2
    That the charge framed against the accused/appellant was groundless, vexatious and frivolous as it disclosed no prima facie case against the appellant; and
  • 3
    That the said charge "Exhibit A was filed before the trial court granted leave to the prosecution/respondent to so frame it and same was therefore defective and void, as such the proceedings held on 9/3/2015 and the accused appellant's purported arraignment on 10/3/2015 on Exhibit A (the charge) are null and void ab intio.

On 10th March 2015, the motion was heard by the trial court and was adjourned to 20th April, 2015 for ruling. On 20/4/2015, the trial court delivered its considered ruling dismissing the application and adjourned the matter for continuation of the proceeding in the matter. Miffed by the Ruling of the trial court, the appellant promptly appealed to the lower court. The lower court after hearing the appeal, dismissed same, vide its judgment delivered on 19/3/2015.

Piqued by the judgment of the lower court, the appellant has now appealed to this court.

Issues

Whether the court below was right in failing to resolve the issue of the...

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