Christopher O. Iyirhiaro & Anor V. Douglas E. Usoh & Ors (1999)

LawGlobal-Hub Lead Judgment Report

SALAMI, J.C.A.

This is an appeal against the ruling of the High Court of Akwa lbom State, Uyo Judicial Division, delivered on March 23, 2016 in charge No. HU/46C/2015. By the ruling in question, the Court below, Coram Okon A. Okon, J., dismissed the Appellant’s motion seeking to quash the charge (information) upon which the Appellant was arraigned for lack of jurisdiction.

BACKGROUND FACTS

On June 25, 2015, the Appellant was charged by the Respondent before the Court below upon an eight count information viz:

STATEMENT OF OFFENCE: COUNT I

Conspiracy contrary to Section 552 of the Criminal Code, Cap,38, Vol. 2, Laws of Akwa lbom State of Nigeria,2000.

STATEMENT OF OFFENCE: COUNT II

Selling of a child contrary to Section 31(1) & (3) of the Child Rights Law, Akwa lbom, 2008.

STATEMENT OF OFFENCE: COUNT III

Buying of a child, contrary to Section 31(1) & (3) of the Child Rights Law of Akwa Ibom State, 2008.

STATEMENT OF OFFENCE: COUNT IV

Selling of a child contrary to Section 31(1) & (3) of the Child Rights Law of Akwa Ibom State,

1

2008.