THE STATE V. SAMSON GALI

CORAM

OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT

EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)

DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>

PARTIES

THE STATE APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The lower court refused to grant the appellants application under section 185(b) of the Criminal Procedure Code on the grounds, inter alia, that the offences in respect of which the application was made were triable by the Chief magistrate and that there had been a previous application refused by another judge.

HELD

The court allowed the appeal and held that the lower court did not judiciously exercise its discretion.

ISSUES

Whether the discretion exercised by the lower court under section 185(b) of the Criminal Procedure Code has been judiciously or properly exercised

RATIONES DECIDENDI

WHEN AN APPELLATE COURT WILL INTERFERE WITH THE EXERCISE OF DISCRETION BY THE LOWER COURT

A court of appeal will not interfere with the exercise of a discretion by a Judge in the Court below unless he has erred in principle or there is no material on which he could properly have arrived at his decision – Fatayi- Williams J.S.C.

WHETHER A SUBSEQUENT APPLICATION CAN BE MADE UNDER SECTION 185(B) OF THE CRIMINAL PROCEDURE CODE AFTER IT HAS BEEN REFUSED BY ANOTHER JUDGE OF THE HIGH COURT

The discretion to grant leave is given by Section 185 (b) of the C.P.C., not to the High Court, but to “a judge of the High Court,” the application, if good cause is shown as in the case in hand, could be made to as many judges as possible and the merit of it should not be based on whether it has been made once before another judge- Fatayi- Williams J.S.C