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DUTY OF A COURT WHEN AN APPLICATION IS MADE TO QUASH AN INDICTMENT ON AN INFORMATION

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“This Court decided by a majority of 44 in Abacha v. State (2002) 11 NWLR (Pt. 779) 437 that when an application is made to quash an indictment on an information, it is necessary for the trial court to attend to such an application dispassionately and rule on it and the best way to do this is to read all the depositions made by potential witnesses and accused persons so as to find out if there is a prima facie case for the accused to answer. A prima facie case will consist of facts that clearly reveal a crime and show that the accused person is linked with it; hence has something to explain at the trial.

 

PER K.B.AKAAHS, J.S.C IN

CHARLES IGWE V THE STATE

 

         Legalpedia Electronic Citation: LER [2018]SC. 715/2015

 

Suit Number: SC. 715/2015

 

 



   
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