FEDERAL REPUBLIC OF NIGERIA v. TAWAKALITU & ORS

The charges have been challenged by the respondents on grounds of jurisdictional competence of the trial court to entertain the same – by alleging that the men of the State Security Service (SSS) have no power to arrest, investigate and arraign the respondents in respect of the alleged offences as have been preferred against them. The trial High court overruled the preliminary objection on the untenable ground that the preliminary objection has been raised after the respondents have pleaded to the charge, relying on Section 167 and 217 of the CPA and the case of FRN v. Adewumi (2007) 10 NWLR (Pt.1042) 399); Hence the appeal to the court below filed by the respondents. The court below in a considered judgment given on 22/4/2010 has allowed the appeal holding that trial High Court has no jurisdiction to entertain the charges preferred against the respondents and consequently has discharged the respondents, although conceding that the State Security Service (SSS) has limited jurisdictional competence to arrest, investigate and arraign persons for certain offences relying on Sections 4 and 23 of the Police Act.
Aggrieved by the decision the appellant has appealed to this court as per the Notice of Appeal filed on 29/6/2010 (clearly more than 30 days from the date of the delivery of the judgment of the court below).
For whatever it is worth, I have to mention that the appellant has filed a brief of argument and has raised one issue for determination therein. The appellant has not filed a reply brief even then to cover the preliminary objection taken by 3rd, 7th and 10th respondents, which has become most crucial in this proceeding. The respondents 3rd, 7th and 10th have filed their joint brief of argument and have taken and argued their preliminary objection therein and have alongside it argued in the alternative a sole issue for determination. The respondents 4th to 6th have also filed a joint brief of argument and have raised a sole issue for determination. The respondents 2nd, 8th and 9th have also filed a joint brief of argument and have raised a sole issue for determination. They also have raised a preliminary objection as regards the sole issue for determination as raised by the appellant. The 1st respondent also has filed a brief of argument. In the cross-appeal filed by 4th and 6th respondents they also have filed their joint cross-appellants brief of argument. The 1st cross-respondent has filed a brief of argument without adverting its attention to the preliminary objection. I have tried to identify the briefs so far filed in this matter just to complete the processes filed in this appeal as they would become relevant only if there is a competent Notice of Appeal leading to a pending appeal in this matter.