Innocent Nweke V. The State (2017)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The Appellant herein along with four other persons, namely EIias Mmadukaegbu, Edwin Nweke, Charles Igwe and Christopher Okafor Igwe were arraigned on an information before the Anambra State High Court holden at Awka, charged with the offences at conspiracy to commit murder and attempted murder. By a notice dated 30th April, 2010, the Appellant and his co-accused asked the prosecution to produce for their inspection for the purpose of preparing their defence several materials in accordance with the provision of Section 36(6)(b)and (d) of the 1999 Constitution of the Federal Republic of Nigeria and Sections 220 (1) and 146 of the Administration of Criminal Justice Law of Anambra State 2010. Thereafter Dr. Obiorah, learned counsel for the accused persons filed on application dated 5th January, 2010 in which he prayed for the following Orders,-

“1. Dismissing or striking out the Proofs of Evidence in this matter as incompetent and an abuse of Court’s Process.

2. Quashing the information filed in this Court against each of the applicants as incompetent for failure to contain the proper Proofs

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of Evidence as required by Section 220(1) of the Administration of Criminal Justice Law, 2010.

3. Quashing or dismissing the information and the entire proceedings as the Honourable Court has no jurisdiction over the person of the 5th Applicant who has not been served with any information, Proof of Evidence and hearing/arraignment
4. Dismissing/striking out this proceedings for violating each of the Applicant’s constitutional rights to fair hearing.
5. Quashing the information as the Court lacks jurisdiction to try the offences as they brought in violation of each of the Applicant’s legal and constitutional right to fair hearing.
6. Quashing the arraignment of the Applicants on the information before this Court as the said information is incompetent and unsupported by proper Proofs of Evidence.”

The learned trial Judge heard this application and in a short ruling which was delivered on the 10th September, 2012, dismissed it on the ground that the Applicants did not make a case that would warrant the grant of the application The accused persons/applicants individually appealed to the Court of Appeal (henceforth) to be referred to as “the

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lower Court”). The lower Court heard the appeal together.

In a reserved and considered judgment which was delivered on the 28th July, 2015, their Lordships, Pemu, Agim and Bolaji- Yusuff JJCA dismissed the appeal. The extent appeal is against the decision of the lower Court. The notice of appeal at pages 321 – 326 of the printed record of this appeal, contains six (6) grounds of appeal.

Parties filed and exchanged briefs of argument DR. E.S.C OBIORAH, Learned counsel for the Appellant distilled two issues for determination of this appeal as follows:-

” l. Whether the appellant’s fundamental rights to be given adequate facilities for the preposition of his defence as enshrined in Section 36(6)(b) and (d) of the Constitution of the Federal Republic of Nigeria, 1999, has been violated; and if so, what is the effect of the said violation on the criminal proceedings and/or the offending information.

II. Notwithstanding, the answer to Issue No. 1 above, whether the Proof of Evidence founding the Amended information complied with Section 220(1) and 146 of the Administration of Criminal Justice Law of Anambra State 2010; and if not, what is the

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effect on the Amended Information and/or the Criminal Proceedings”