Igbani Johnson Kalu V. Inspector-general Of Police (2017)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A. (Delivering the Leading Judgment)

This is an interlocutory criminal appeal against the ruling delivered on 27/5/2016 by the Federal High Court sitting in the Umuahia Judicial Division presided over by Hon. Justice F.A. Olubanjo (hereafter to be simply referred to as the lower Court and learned trial Judge respectively).

In the ruling, the lower Court overruled/dismissed the no case submission made by the Appellant in Charge No. FHC/UM/CR/727/2014 THE INSPECTOR-GENERAL OF POLICE V. IGANI JOHNSON KALU; preferred against him under the Advance Fee Fraud and Other Related Offences Act No. 14 of 2006 (hereafter to be simply referred to as Act No. 14 of 2006).

Being dissatisfied with the aforementioned ruling of the lower Court, the Appellant initiated this appeal by lodging in the registry of the lower Court, a notice of appeal dated 10/6/2016 and filed on the same date. The notice contains three grounds and the said grounds shorn of their respective particulars read thus:-

GROUND ONE (1):

The learned trial Judge erred in law when he failed

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to apply the law in overruling the no case submission made by the Appellant.

GROUND TWO (2):

The learned trial Judge erred in law when he held that the prosecution has established a prima facie case against the Appellant.

GROUND THREE (3):

The learned trial Judge misdirected himself in law in holding that the submissions at paragraph 3.01 of the no case submission dealing with the admissibility of computer generated documents are premature at the stage of no case submission on the ground that same boarders (sic) on evaluating of evidence or prescribing probative value to evidence

Parties having filed and exchanged their respective briefs of argument, the appeal was entertained on 22/5/2017 in the absence of the Respondent and/or his counsel (who though served by SMS of the notice of hearing for the said date) did not show up in Court. Appellants brief of argument is dated 4/7/2016 and filed on 8/7/2016 while his reply brief is dated 11/11/2016 and filed on 15/11/2016. Both briefs of argument were settled by O.O. Amuzie, Esq. who duly adopted and relied on them, in urging the Court to allow the appeal. Learned counsel

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