Olisaemeka Igbokwe V. The State (2013)

LAWGLOBAL HUB Lead Judgment Report

CLARA BATA OGUNBIYI, J.S.C.

The facts of this appeal are on all fours with the sister case in Appeal No. SC.254/2007. The record of proceedings is also the same as it proceeded from the same trial and resulting in the some ruling from whence the interlocutory appeal emerged. With the issues raised the same, the outcome of one judgment automatically binds the other.

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 is competent to issue a fiat for the prosecution of the charge inclusive of counts 3 and 4.

This is especially with the offences having, by operation of law, automatically become those that were committed within the FCT upon the entry of the appellant into the Federal Capital Territory. As a consequence therefore, counts 1, 2, 3 and 4 are offences committed in the course of the same transaction.

In the result, and contrary to the contention held by the learned appellant’s counsel, the Attorney General of the Federation has the competence in law and therefore did validly issue the fiat in respect of the offences contained in the charge thereof.

On the totality of this appeal therefore, same is devoid of any merit and is hereby dismissed.

I make an order affirming 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 and it should proceed to conclude the case on the merit.

SC.361/2009