Federal Republic Of Nigeria V. Vijay Lalwani (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A (Delivering the Leading Judgment)

This appeal is against the ruling of the Federal High Court Kano Judicial Division delivered on the 4th day of March 2011 by Shehu Yahaya J.

The facts that gave rise to this appeal are that the accused person (hereinafter called the respondent) was arraigned before the Federal High Court Holden in Kano, on a criminal complaint dated the 1st day of November, 2010 for contravening the provision of sections 1(a) and (b) of the counterfeit and fake drugs and unwholesome processed foods (miscellaneous provisions) Act, Cap F 33, Laws of the Federation of Nigeria, 2004.

Sequel to an application that was made by learned counsel to the respondent in this appeal, the charge against the respondent was struck out and the said respondent was accordingly discharged by the learned trial judge.

Aggrieved by the said ruling, the complainant (hereinafter referred to as the appellant) appealed to this Court via a notice of appeal containing 3 grounds of appeal.

Briefs of argument were in accordance with the relevant rules of this Court duly filed and exchanged and at the hearing of this appeal, the parties duly adopted the arguments and submissions contained in their respective briefs of argument and reply.

The appellant’s brief of argument dated 7/6/2011 and filed on 17/6/2011 was settled by Dr. Mike A. A. Ozelhome (SAN) while respondent’s brief of argument dated 18/10/2012 and filed on 5/11/2012 was settled by Ibrahim M. Boyi Esq.

The appellant’s reply brief of argument dated 20/11/2012 and filed on 21/11/2012 was settled by Godwin Iyinbor.

Learned counsel to the appellant in his brief of argument formulated 2 issues for determination to wit:

“(a). whether the jurisdiction of a criminal Court is fettered by the mere fact that a civil action has been commenced and/or is continuing in respect of the same subject matter (Distilled from ground 1)

(b). Whether the striking out of the charges and discharging the accused person accords with the concept of justice to all Stakeholders/Parties involved in the instant case. (Distilled from ground 2).

Learned counsel to the respondent as per his brief of argument formulated a sole issue for determination to wit:

“Whether from the unchallenged facts and circumstances of this matter, the lower Court was right to have followed the decision of this Court in the case of Akintunde v. Ojo (supra) relied upon by the lower Court in striking out the charge”.

Except for the mode of couching, the parties in their respective briefs of argument formulated the same issues for determination. I adopt the 1st issue for determination formulated by the learned counsel to the appellant for the determination of this appeal.