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CaseLaw

Eze V. Federal Rep. Of Nigeria (1987) CLR 2(f) (SC)

Judgement delivered on February 27th, 1987

Brief

  • Burden of proof in criminal cases
  • Brief writing
  • Jurisdiction
  • Falsification of documents

Facts

The appellant, a licenced importer of firearms, had issued to him by the police, a licence for the importation of firearms dated 8th January, 1976, for 1,050 pieces of firearms with ammunition (See exh. C). No expiry date was stated on the face of the licence. Endorsements thereon showed that he used the licence to import quantities of firearms at various dates from 1976. On the 8th of September, 1980, he imported some quantities of firearms into Apapa Port and presented to Customs Officer at the port duplicate copy (Exh. A) Of the license (Exh. C) as authority for the importation. He was later arrested and charge on four counts, two contrary to Section 20(1) of the Firearms Amendment Act, 1956, and the other two under Section 142(1)(b) of the Customs and Excise Management Act. No. 55 of 1958 (hereinafter called C.E.M.A.). When the issue of jurisdiction was raised at the conclusion of evidence during the trial, the learned Chief Judge of the Federal High Court ruled that he had no jurisdiction to try counts 1 and 2 but that he had jurisdiction to try counts 3 and 4.This appeal relates to his ruling that he had jurisdiction to try count 3 and 4.”

Issues

  • `
    At what stage of proceedings can the issue of jurisdiction to try an action be...
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