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.," The D~fense c unsel further conter)ded in his final written address that
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"'-~Exhib~t "D" [ olice investigation: report] tendered and admitted
throu h PW4 n 25/5/2017 without any objection was not properly
tendeted. He ci ed part 2 of the Ad!ministration of the Criminal Justice
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Act,
15 and stated that the ab~ve law provides tha f 1 a ,suspect or
Defen?ant alle, ed or ~harged with ;committing an offence established
by an \ Act of t e National Assembly shall be arrested, investigated,
inquir d into, tried or dealt with according to the provisions of this Act,
except otherwi e provided under r he said Act. He argued that the·
Exhibit "D" · [p lice investigation \report] did not show that the
Defen ant was ried at the magistra~e court for binding over and proofs
of evidrnce ace rdingly .
Thus t~e ab_ove ontention of Defen ~e Counsel that the Charge was not
investi ated or hat the lower Cou rt did not investigate the murder
charge \is indeed absurd as the l.earn d Magistrate is not empowered to
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investi ate murder cases, rather the 1aw is that where he does not have
jurisdic,ion, he should conduct a re·mand proceedings pursuant to
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Section\ 132 ancl 133 of the Adminis~ration of Criminal Justice Law of
Anamb~a State.
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In that (egard, t e statement of charfe filed in this action showed that
the Detf ndant
s arraigned firstly ~-efore magistrate court Holden qt
~tani on 12/5/2~16, remand proceed\ing taken and he was bound over
af the Magistrat\ court lacks jurisdic\t ion to try murder cases and the
Cf Se ~as subse~ uently adjourned to 16/7/2016. Thus the instant
opjection is over~~led.
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F \ rther~ore, it ~ aS observed ;hat r)ing in respect of the photograph
pi ture of the d~ceased taken by t e p~li_ce in the cou~se of their
in estigation and \ another document Exh1b1~ "E" tagged warrant to
b ry" was reserve~ to be incorporated during Judgment.
i~h r_eg·ard to E~\r ibit "E", ~he learne d ~ounsel_ for the Defense in his
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Ject1on argued tr?t the said documer t
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IS
not signed by any person as
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Sl;JIT NO. 0/49(/2016: THE STATE vs CHIBUIKE DURU
Judgment delivered
19/04/2018
ol
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