IN THE COURT OF APPEAL
IN THE CALABAR JUDICIAL DIVISION
HOLDEN AT CALABAR
ON MONDAY, 22ND JUNE, 2015
Appeal No: CA/A/146C/2014
Before Their Lordships:
CHIOMA EGONDU NWOSU-IHEME, JCA
ONYEKACHI AJA OTISI, JCA
PAUL OBI ELECHI, JCA
LEAD JUDGMENT DELIVERED BY NWOSU-IHEME, JCA
For the same reason given in Appeal No. CA/C/144c/14 where I referred to the judgement of this Court in Appeal No. CA/C/149c/2014. I dismiss the preliminary objection and affirm the Ruling of Hon. Justice Andrew E. Okon (Rtd) delivered on 28th March, 2013 in charge No.HU/1c/2011. I also order accelerated hearing in charge No. HU/1c/2011.
My learned Brother, C.E. Nwoso-Iheme (Ph.D), JCA, made available to me a copy of the Judgment just delivered in draft form, dismissing this appeal. As already noted by my learned Brother, the issues raised in this appeal were completely resolved in CA/C/119C/2014: Uaboi G. Agbebaku v. State, delivered by this Court on May 14, 2014. I stand by the said decision therein and have nothing further to add.
I have had the privilege of reading in draft the Judgment just delivered by my Learned brother Chioma Nwosu-Iheme (Ph.D), JCA in this matter. I agree with the reasoning and conclusion arrived therein and I also dismiss the Preliminary Objection and hereby affirm the Ruling of the Learned trial Judge.
I hereby abide by the order for accelerated hearing.
Joe Agi (SAN) with him, L. Garick, E. Onah, E, Sani, W. Iwara and Miss K, Uzoukwu For Appellant(s)
S. O. Esharefasa For Respondent(s)