Legalpedia Citation: (2015) Legalpedia (CA) 91011
In the Court of Appeal
Thu Apr 30, 2015
Suit Number: CA/L/1253/10
CORAM
PARTIES
OLUSHOLA AYODELE APPELLANTS
FEDERAL REPUBLIC OF NIGERIA RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent initiated criminal proceedings against the Appellant on a five count charge and when the matter came up for hearing for the first time, the Appellant was not in court. The lower court consequently adjourned the matter for arraignment with an order for service on the prosecution.When the matter came up on the next adjourned date, the court’s attention was drawn to the motion filed by the Appellant to strike out or suspend all the proceedings in the charge pending the determination of the suit between Strand Capital Partners Ltd v Spring Bank Plc at the high court, but the prosecution insisted that the accused persons must be present in court before the motion can be taken.The lower court agreed and thereupon ordered the appearance of the Appellant and other accused persons. The Appellant was aggrieved with the refusal of the Federal High Court to grant the application hence an appeal before this court.
HELD
Appeal Allowed
ISSUES
Whether the appellant should personally attend court before her motion on notice seeking the strike out or dismissal of the charge is taken.
RATIONES DECIDENDI
ARRAIGNMENT – INGREDIENTS OF ARRAIGNMENT
“Arraignment has been described in the case of Lufadeju & Anor V Johnson (2007) Lpelr – Sc. 247/2001 as follows:
“Arraignment therefore involves two things. One, the reading of the charge or information to the accused. Two, the response to the charge or information by a plea, it can either be guilty or not guilty. It is only when the above procedure is followed that a court of law will be said to have taken arraignment proceedings. Per Tobi J.S.C.” PER Y. B. NIMPAR, J.C.A
TRIAL BY INFORMATION – SECTION 334 OF THE CRIMINAL PROCEDURE ACT
Trial by information is provided for in Section 334 of the Criminal Procedure Act thus:
“When a trial is to take place in the High Court after preliminary inquiry and committal for trial to the High Court by a Magistrate, such trial shall same as provided in Part 38, be an information.” PER Y. B. NIMPAR, J.C.A
ARRAIGNMENT – WHERE AN APPELLANT IS NOT ARRAIGNED, ISSUES CANNOT BE JOINED BY THE PARTIES
“Issues are not joined between the parties as there is no arraignment of the appellant. see Asakitikpi V The State (Supra)”.PER Y. B. NIMPAR, J.S.C.
CHARGE –DEFINITION OF A CHARGE – SECTION 2 OF THE CRIMINAL PROCEDURE ACT
“Section 2 of the Criminal Procedure Act defines a charge thus:
“Means the statement of offence or statement of offences with which an accused is charged in a summary trial before the court.” PER Y. B. NIMPAR, J.C.A
CASES CITED
STATUTES REFERRED TO
Criminal Procedure Act
Criminal Procedure Law