CHARLES UMEZINNE V FEDERAL REPUBLIC OF NIGERIA

Issue:

The appellant, [as accused person], was charged with sundry offences under the Counterfeit and Fake Drugs and Unwholesome Processed Foods (Miscellaneous Provisions) Act, Cap 34 Laws of the Federation of Nigeria, 2004 and under the Foods, Drugs and Related Products (Registration Etc), Cap 133, Laws of the Federation of Nigeria, 2004. Emeka Oji, the Chief Legal Officer of the respondent, at the time, on behalf of the Attorney General of the Federation, signed the Charge Sheet. On February 16, 2016, the appellant objected to the Charge on two grounds, namely, that the said Charge, which Emeka Oji signed for himself and on behalf of the Attorney General of the Federation, was incompetent and irregular. The other ground was that the court lacked the jurisdiction to entertain it. Both the High Court and the Court of Appeal, in their respective Rulings, dismissed the objection. The appellant's further appeal to this court was, equally, greeted with a Preliminary Objection. In the Preliminary Objection before this court, it was contended that the appeal was incompetent on the ground that the Notice of Appeal was signed by counsel contrary to the stipulation in Order 16 Rule 1 of the Court of Appeal Rules, 2007, applicable at the time the Notice of Appeal was filed.