Prince Abubakar Audu V. Attorney-general Of The Federation & Anor (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment)

The application filed on 13/3/07 was by the Complainants in Charge NO. KG/EFCC/1/2006 preferred against the Respondent/ Accused person before the High Court of Kogi State, In the course of the proceedings in the charge, the Kogi State High Court based on an ex-parte application by the Respondent/Accused person, referred certain questions pursuant to Section 295(2) of the 1999 Constitution to this Court for decision. It is that reference that was given the No.CA/A27C/07 in this Court and in respect of which the aforementioned application was filed seeking the following:-

“1. AN ORDER striking out the questions referred to this Honourable Court for determination pursuant to Section 295(2) of the 1999 Constitution by Hon. Justice M. A. Medupin of the Kogi State High Court in Charge No.KG/EFCC/1/2006.

2. AND FOR SUCH FURTHER ORDER(S) as this Honourable Court may deem fit to make in the circumstances.”

The grounds upon which the application was brought as set out therein, are as follows:-

“a. The reference to this Honourable Court by the Lower Court constitutes an abuse of Court process.

b. The Attorney-General of Kogi State and Honoarable Attorney-General of the Federation having exercised their rights under Section 174 and 211 of the 1999 Constitution and Section 253 of the Criminal Procedure Code to discontinue and withdraw charge No. KG/EFCC/1/2006 tltere is no more life issue to be determined by this Court.

c. The reference k academic, speculative and gold digging.

d This Honourable Court lacks the jurisdiction to entertain the reference.

e. The reference was made in breach of the applicants’ right to fair hearing.

f. The proper parties are not before the Court with regards to the reference.”

An affidavit of 20 paragraphs in support, sworn to by Adebisi Adeniyi, a Legal Practitioner in the Law Firm of the learned Counsel for the Applicants was filed along with the application. Certified copies of the following documents were annexed to the affidavit in support:-

(a) A letter of authority dated 3/11/06 from the Hon. Attorney-General of Kogi State for the Honourable Attorney-General of the Federation and the 2nd Applicant herein, to prosecute the Respondent Accused person for offences under the Penal Code, applicable in Kogi State and any appeals arising therefrom. It was marked as Exhibit “AA1” and referred to in paragraph 9 of the affidavit in support.

(b) Nolle Prosequi in case No. KG/EFCC/1/2006 dated 8/2/2007 from the Honourable Attorney-General Kogi State addressed to the Registrar, High Court 5, Lokoja. It was marked as Exhibit “AA2)” and referred to in paragraph 11 of the affidavit in support.

(c) Nolle Prosequi in case No. KG/EFCC/1/2006 dated 8/2/2007 from the Honourable Attorney-General of the Federation, addressed to the Registrar, High Court 5, Lokoja. It was marked as Exhibit “AA3” and referred to in paragraph 15 of the affidavit in support of the application.