Chinedu Innocent Ahimere V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the Leading Judgment)

The present appeal is against the ruling of the High Court of Akwa Ibom State, Uyo Judicial Division, delivered on March 23, 2016 in charge No.HU/46C/2015. By the said ruling, the Court below, coram Okon A. Okon, J; dismissed the Appellant’s motion seeking to quash the charge (information) in question on ground of lack of jurisdiction and competence.

BACKGROUND FACTS

On October 28, 2015, the Respondent arraigned the Appellant upon an 8 count charge (information) for various offences: conspiracy, selling and buying of a child, et al, contrary to Section 552 of the Criminal Code CAP. 38, Volume 2, Laws of Akwa Ibom State of Nigeria 2000 and Section 31 (1) & (3) of the Child Rights Law of Akwa Ibom State of Nigeria, 2008. The Appellant pleaded not guilty to the said charge. The case proceeded to trial.

However, on January 25, 2016, the Appellant filed a motion praying the Court for:

For an Order striking out and quashing the information and this charge No. HU/46C/2015 for want of jurisdiction.

?

The motion is predicated upon the following grounds:

1

(1) This information or the originating process in this charge NO. HU/46C/2015 is incompetent as it was not issued or signed by the Attorney-General or any legal practitioner known by law.

(2) The offences in the information are against a child or against the interest of a child and each charge contained in the said information relate to a child and therefore fall within the exclusive jurisdiction of the family Court and the jurisdiction of this honourable Court.

See pages 49 – 50 of the Record.

At the end of the hearing of the motion, the Court below delivered the ruling on the said 23/3/16 the following conclusive effect:

The motion on Notice… challenging the jurisdiction of this Court to entertain this case is upon all the grounds raised and canvassed dismissed. The trial of all the Accused persons including the 7th and 8th Accused objectors already commenced upon this information shall continue. This is my ruling.