UDO BEN IDIANG V. THE STATE
July 29, 2025UFOT MKPA (ALIAS MBOSO MKPA) V. THE STATE
July 29, 2025Legalpedia Citation: (1981) Legalpedia (CA) 28851
In the Court of Appeal
Tue Jun 16, 1981
Suit Number: FCA/I/18/60
CORAM
TASLIM O. ELIAS, JUSTICE SUPREME COURT
PRESIDENT, COURT OF APPEAL
MAHMUD MOHAMMED – JUSTICE, SUPREME COURT
LATIF JUNAID DOSUNMU
PARTIES
AKPAI MAYAKI APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant was charged on information with the offence of defilement contrary to Section 156 Criminal Code of the Laws of Western Region of Nigeria. During the cause of the trial, the Counsel to the Appellant challenged the competence of the court on the ground that the Appellant was charged more than two months after the alleged offence was committed. He therefore submitted that the trial was a nullity and rested his case on that of the Prosecution. The trial Court after hearing the arguments of both parties, stated its competence and acquitted the Appellant due to the time limitation regarding the offence but convicted him for a lesser offence. It is against this conviction that the Appellant has appeal.
HELD
Appeal Allowed.
ISSUES
None
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Criminal CodeCriminal Procedure ActFederal Court of Appeal Act 1976
