Alhassan Auwalu V. Federal Republic Of Nigeria & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

This is an appeal against the ruling of the High Court of the Federal Capital Territory Abuja delivered on the 20th of April, 2015, dismissing the appellant?s motion to quash the charge against him on the following grounds, shorn of their particulars:

”GROUND ONE:

The learned trial judge erred in law and acted without Jurisdiction when he dismissed the appellant?s application dated 16th March, 2015 and assumed jurisdiction to try the appellant on the charge filed and served before the leave to prefer same was obtained by the Prosecutor.

GROUND TWO:

The learned trial judge erred in law and acted without jurisdiction when after dismissing the Appellant?s objection to quash the charge he ruled that the Appellant should face the two counts on the charge thereby breached the appellant?s right to fair hearing and fair criminal trial.

GROUND THREE:

The learned trial judge erred in law and thereby breached the Appellant’s right to fair hearing when he dismissed the appellant’s application to quash charge against him, when he

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ruled on the second ground of the objection that it was premature at that stage.

GROUND FOUR:

The learned trial judge erred in law and came to a wrong decision by summarily dismissing the Appellant’s application to quash the charge against him without considering and pronouncing on the grounds that is ground (ii) of the application and submission of counsel.

GROUND FIVE

The learned trial judge erred in law and thereby breached the appellants right to far hearing when he dismissed the appellants application to quash the charge against him, brought under a non-existing law.?