CORAM
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR JUSTICE, SUPREME COURT
MARY UKAEGO PETER-ODILI JUSTICE, SUPREME COURT
CLARA BATA OGUNBIYI JUSTICE, SUPREME COURT
AMIRU SANUSI JUSTICE, SUPREME COURT
PARTIES
FEDERAL REPUBLIC OF NIGERIA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondents were jointly charged before the Delta State High Court vide a charge sheet on Ten (10) counts under the Independent Corrupt Practices and Other Related Offences Acts, 2000, and arraigned before the High Court Sapele Judicial Division. The Accused persons were granted bail after their plea was taken. The 1st and 2nd Respondents filed a motion at the lower court for quashing of counts 1,2,7,8, 9 and 10 and the statement of offence in the information and same was withdrawn and struck out. The 1st and 2nd Respondent yet filed another application at the trial court praying for an order dismissing/ striking out this charge or otherwise quashing same on the grounds that the court lacked the requisite jurisdiction to try the offence as contained in the charge sheet in view of the provisions of Section 129(1)(a), 132(1)(b) and (c) of the Delta State Local Government Law of 2004 and Section 64 of the Criminal Procedure Law being electoral offences. The trial court dismissed the application. The 1st and 2nd Respondents filed two Notices of Appeal before the Court of Appeal, Benin Division which Notices of Appeal were subsequently consolidated upon an application by the 1st and 2nd Respondents. The lower court allowed the appeal, hence the instant appeal before this court against the said decision. While the Appellant’s counsel moved the court to allow the appeal, a verdict of dismissal was sought for on behalf of the Respondents.
HELD
Appeal Dismissed
ISSUES
? Whether the lower court had jurisdiction to preside over the charge in view of the fact that the alleged offences took place in the course of an election and in view of the provisions of sections 132 (l)(b)(c) and 129(1) of the Delta State Local Government Law 2004, Cap D27 Laws of Delta State, 2008.
RATIONES DECIDENDI
CASES CITED
STATUTES REFERRED TO
Constitution of the Federal Republic of Nigeria, 1999 as amended Criminal Code Act, Cap C38, Laws of the Federation 2004 Delta State Local Government Law of 2004, Cap D27, Laws of Delta State Independent Corrupt Practices and other Related Offences Commission Act, 2000