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FEDERAL REPUBLIC OF NIGERIA v. CHIKE CHARLES ONONYE

(2018) LPELR-45067(CA)

In The Court of Appeal of Nigeria

On Friday, the 13th day of July, 2018

CA/E/58C/2016


Before Their Lordships

HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria

JOSEPH TINE TUR Justice of The Court of Appeal of Nigeria

MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria


Between

FEDERAL REPUBLIC OF NIGERIA - Appellant(s)

AND

CHIKE CHARLES ONONYE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the High Court of Anambra State, Onitsha Judicial Division, delivered by Hon. Justice M.N.O Okonkwo on 23/03/16 wherein the learned trial judge dismissed all charges against the Respondent.

The Appellant filed a criminal charge against the Respondent at the High Court, wherein the Respondent was arraigned before the High Court of Anambra state on the 23rd of March 2016 in Charge No:0/5C/2015 on three counts of issuing dishonored cheques. The Respondent pleaded not guilty to the said charges. After the Respondent was arraigned, one Barrister Hippo C. Onwuegbuke announced his appearance for and on behalf of Chief Kenneth Ndejiobi and applied for the withdrawal and striking out of the charge and termination of the proceeding, consequent upon which the Court struck out the charge.

Dissatisfied with the decision, the Appellant appealed to the Court of Appeal.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:

"Whether the learned trial judge was right when His Lordship entertained the application by Hippo Onwuegbuke Esq., who appeared as holding, watching brief for the complainant to discontinue the prosecution, and granted same."

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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