Mr. Emmanuel Nnamdi Nnakwe V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The case in this appeal is on all fours with the sister case in Appeal No.SC.254/2007 as it is predicated on the same set of facts, proceedings are in the same trial and resulting the ruling from whence the interlocutory appeal emanates.

With the same set of issues formulated, the outcome of one judgment also binds the other.

It is pertinent to state that all the counts 1, 2, 3 and 4 in the charge are deemed offences committed in the course of the same transaction (that is to assassinate P.W.1, Dr. (Mrs.) Dora Akunyili, the Director General of (NAFDAC). Counts 3 and 4 therefore automatically become offences committed in the FCT as soon as the appellant entered the FCT. This is because they ore continuing manifestation of the acts in counts 1 and 2 which took place in Federal Capital Territory Abuja.

On a community reading of section 4(2)(b) of the Penal Code Act read along with section 134(a) (b) (c) and (d) of the Criminal Procedure Code Act as well as section 301 of the Constitution of the Federal Republic of Nigeria 1999, the Attorney General of the Federation, competently issued the fiat as he did for the prosecution of the charge inclusive of counts 3 and 4.

Consequently, and on the totality of this appeal, same is devoid of any merit and is accordingly dismissed. The judgment of the lower court that the Federal Capital Territory High Court Abuja has jurisdiction to entertain counts 3 and 4 of the charge is hereby affirmed. The FCT High Court should in otherwords, proceed to entertain the said count and conclude the case on the merit.

SC.254A/2007