Chidi Akabogu V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of Hon. Justice P. I. Enejere of the High Court of Enugu State in charge No. E/67C/2014 delivered on 19/6/14 refusing to stay proceeding pending the supply of proof of evidence of the charge to the Accused Appellant. The facts that led to this appeal are as follows:

The Accused/Appellant was charged on 7 counts of forgery, uttering forged document, and stealing. While counts 1-3 are charges of forgery, counts 4-6 are on uttering forged document and count 7 is on stealing. He was admitted to bail on 27/2/14.

The Notice of trial on page 1 of the Record signed by the Registrar of the High Court dated 7/2/14 stated thus: –

?TAKE NOTICE THAT YOU WILL BE TRIED ON the information, whereof this is a true copy, of the sessions to be held at High Court 10, Enugu on the 10th day of February 2014 of 9 O’clock in the forenoon.”

No proof of evidence was made available along with the notice of trial However before he pleaded to the charges, the Accused/Appellant’s counsel by a motion on notice dated 12/3/2014, filed on the same date prayed the

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trial Court for an order of Court staying further proceedings in the charge including the arraignment of the accused/applicant till the information together with the proof of evidence in the charge be served on the Accused/Applicant.

The Appellant’s counsel had argued that the Accused/Appellant being charged by information ought to be furnished with a copy of the proof of evidence to enable him prepare a defence to the charge. The prosecution filed a counter affidavit to oppose the prayers of the Accused/Appellant on the basis that no information was filed by the prosecution requiring the provision of the proof of evidence to the accused. Rather only a charge sheet under summary trial was filed and served on the accused/appellant which was signed by the Police Prosecutor.

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The learned trial judge held that Section 164 of the Criminal Procedure Law of Enugu State provides for summary trial in the High Court other than on information, and that the charges leveled against the Accused/Appellant are not offences for which proof of evidence shall be filed under Section 240 of the said Criminal Procedure Law. The Hon. Court then struck out the application as

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being misconceived. Notice of appeal was filed on 2/7/14. Records were transmitted on 17/2/15 and by order of Court deemed properly transmitted on that day. Appellant’s brief was filed on 22/10/15, but deemed properly filed on 9/2/16.

From the sole ground of appeal, the Accused/Appellant distilled one issue for determination as follows:-