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OCHONOGOR ALEX v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-43709(SC)

In The Supreme Court of Nigeria

On Friday, the 9th day of February, 2018

SC.613/2017


Before Their Lordships

MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

OCHONOGOR ALEX - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
At the High Court of Lagos State, a Nine Count Information was preferred against the appellant here and others. Sometime in 2014, precisely, on October 28, 2014, the Prosecution filed an Amended Information. As he did with regard to the earlier Information, the appellant sought for an order quashing the charge preferred against him - an application that was dismissed on February 17, 2016. 

Having unsuccessfully challenged the said Ruling of the High Court at the Court of Appeal, Lagos Division, the appellant has now, approached the Supreme Court, urging it to set aside the decision of the lower Court.

ISSUES:
The appeal was determined on the following issues:

1. Whether the Court of Appeal was not right in upholding the decision of the High Court of Lagos State that it had the jurisdiction to entertain the Information contained in Charge No ID/120C/2012 bordering on the offences of obtaining money by false pretence under the Advance Fee Fraud and other Fraud Related Offences Act, 2006; forgery, uttering and conspiracy under Sections 467 and 468 of the Criminal Code, Cap C17, Volume 2, Laws of Lagos State, Nigeria, 2003?
2. Whether the Court of Appeal was wrong in holding that having regard to the Information and the proof of evidence filed along with the Information, a Prima Facie case is disclosed against the appellant to warrant his trial?


DECISION/HELD:
The appeal was unanimously dismissed. The appellant was ordered to return to the trial Court for the continuation of his trial.


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