:• J/ P. On1sha· who iled this action had no' NBA Stamp and Seal and that
. / here is · o official ·ndication that the sQid counsel is in the employ of the
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L~Joffice of ttorney eneral Ministry of Justice Onitsha Anambra state.
\n this' regard, t e court observed ! and nOted that although the
d~~
. lnf?rm~tlon. origi ating this suit
I nOt have NBA stamp and seal
affixed .~n 1t ho ever, on the 29 jd ay of January)] 2018, the said
prosecut ng coun el via motion no: o y69m/18 sought the ·1eave ·of this
court .t 9 regulariz · their processes filed in this charge by affixing the
NBA o'f fi ial stam and seal in accordance with the Rules of Professional
Conduct \ and Le al Practitioners' Act. This is to say that the said
documerhs was initially voidable and not void as the law permits same
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to be made vali by producing the I stamp and seal or" evidence of
payment for ·stamp and seaL Thus the · learned prosecuting counsel has
th-~r~forT redeem d and made a.II the processes f!led in the suit valid by
affixing stamp an seal as provided
·the Section 10[1] of the Legal
Priactitio ~er Conduct Act . It is then#ore h1y view that the Jearne·d
qy
~o_unsel f or the p· osecut_ion having_ rel u1:~rizE'd th_e_ t~arge/information
1:n·
1trat1ng:I the· - rns ant trial, · there 1s o other ·v1t1at1ng element that
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re:ndereq the in tant information inc ompetent as ·was vigorously
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~rgu~d : by the
efence - _c~unse.1 sar,e:_ ~av.ing com?lied strictly to
Section' 146' of t e Adm1n1strat1on f Cnm1nal Justice ,of Anambra
~-·~ at~w~ich :provifes that information
f'i,
b.
c.: ·
s~~u
contain the following thus:-
5tatement ot the charge and pa~(,utar:. ryame ~nd a(idress of any mate~1flVV:1tn~s~.
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A copy of ant report or rather /1s 1 of Exh1b1t
a.1·, Statem_e nt of Prosecution witnesfle:s: ·
e:1' : ' 'Statement of the Defendant ·
: ··
d_.
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'bocunients ~hich the. Prosl'cutioh, /7lay consider relevant.
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T~e Defendant qr his counsel did not · state that any of the above
af .c,u,m ents ~as ~issing from the infotjm~tion served on him. The
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, SUIT NO. 0/49c/2016: THE STATE VS CHIBUIKE OURU
Judgment delivered qn 1~/04/2018
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