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CaseLaw

Mbah V. State (2014) CLR 4(f) (SC)

Judgement delivered on April 11th 2014

Brief

  • Issues Of Jurisdiction
  • Jurisdiction Of Court
  • Lack Of Jurisdiction
  • Objection To The Jurisdiction Of Account
  • Fiat
  • Section 221 of the Penal Code
  • Section 229 of the Penal Code
  • Section 221(d) of the Criminal Procedure Code
  • Section 211(1) of the 1999 Constitution
  • Section 4(2)(b) of the Penal Code Act 1990
  • Section 134 of the Criminal Procedure Code 1990
  • Section 134(a) of the Criminal Procedure Code 1990
  • Section 134(b) of the Criminal Procedure Code 1990
  • Section 134(c) of the Criminal Procedure Code 1990
  • Section 134(d) of the Criminal Procedure Code 1990
  • Section 135 of the Criminal Procedure Code 1990
  • Section 136 of the Criminal Procedure Code 1990
  • Section 137 of the Criminal Procedure Code 1990
  • Section 138 of the Criminal Procedure Code 1990
  • Section 139 of the Criminal Procedure Code 1990
  • Section 134 of the Criminal Procedure Code Act (for FCT Abuja) 1990
  • Section 135 of the Criminal Procedure Code Act (for FCT Abuja) 1990
  • Section 136 of the Criminal Procedure Code Act (for FCT Abuja) 1990
  • Section 139 of the Criminal Procedure Code Act (for FCT Abuja) 1990
  • Section 139 of the Criminal Procedure Code 1990
  • Section 4 of the Penal Code Act, FCT, Abuja, 1990
  • Section 4 of the Penal Code Law of Northern Nigeria
  • Section 4(2) of the Penal Code Law
  • Section 4(2) (b) of the Penal Code 1990
  • Section 301 of the 1999 Constitution

Facts

The Appellant was charged along with 6 others at the trial Court for attempting to assassinate Dr. (Mrs.) Dora Akunyili Director General, National Agency for Food and Drugs Administration and Control (DG NAFDAC). The Attorney General of the Federation issued a fiat to the firm of Chief Afe Babalola to prosecute the suspects. Counsel for the 2nd and 3rd Accused persons filed a Notice of Preliminary Objection seeking to quash or set aside the fiat issued by the Federal Attorney-General and challenging the jurisdiction of High Court of Justice of the Federal Capital Territory, Abuja to entertain the four counts as charged against them. The learned trial judge upheld the application of "no case" submission of the 2nd and 3rd accused persons in respect of counts 1 and 2 and declined jurisdiction In respect of counts 3 and 4. The trial judge also declared the leave to prefer the charge granted by him earlier, a nullity and same was set aside. On appeal against the decision of the trial Court, the Court below agreed with the trial Court that the Appellant had no case to answer in respect of counts 1 and 2 of the charge but that the trial court should assume jurisdiction to continue with the hearing of counts 3 and 4. It is against that decision that the Appellant has appealed to this Court.

Issues

Whether the Court of Appeal was right in holding that the High Court of the...

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