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IGBANI JOHNSON KALU v. INSPECTOR-GENERAL OF POLICE

(2017) LPELR-42857(CA)

In The Court of Appeal of Nigeria

On Monday, the 14th day of August, 2017

CA/OW/162C/2016


Before Their Lordships

AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria

ITA GEORGE MBABA Justice of The Court of Appeal of Nigeria

TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria


Between

IGBANI JOHNSON KALU - Appellant(s)

AND

INSPECTOR-GENERAL OF POLICE - Respondent(s)


Summary

INTRODUCTION:
This is an interlocutory appeal based on a No Case Submission.
FACTS:
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.

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.

Being dissatisfied with the aforementioned ruling of the lower Court, the Appellant initiated this appeal.


ISSUES:
The appeal was determined on the Appellant's sole issue viz:

Whether the learned trial Judge was right when he failed to apply the law to this case in overruling the no case submission?


DECISION/HELD:
On the whole, the interlocutory appeal was held to be highly unmeritorious and was therefore dismissed. Appellant was ordered to go back to the trial Court and enter his defence.


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