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(2022) JELR 109349 (CA)

Court of Appeal  •  CA/LAG/CR/103/2020(R)  •  7 Feb 2022  •  Nigeria

Obietonbara Owupele Daniel-Kalio, JCA Onyekachi Aja Otisi, JCA Abubakar Sadiq Umar, JCA


ABUBAKAR SADIQ UMAR, J.C.A. (Delivering the Lead Ruling): The Appellant/Applicant filed a Motion on Notice dated 23rd June 2020 (“the application”) seeking the following reliefs:

“1. AN ORDER amending the evidence of the Prosecution’s witness (Mr. Olusa Olaniran) contained at page 58 of the records of appeal which reads thus:

“The information the Defendant gave to the Commission that he would produce the suspect anytime we need him is false because he misled us to release him to him”

To reflect the correct evidence which is contained in the Certified True Copy (CTC) of the transcript of the electronic record of proceedings which reads thus:

“My Lord, because the Defendant could not produce the suspect for us so he gave us impression that he can produce him anytime we need him and he told us to release the suspect to him”

2. AND for such further and other orders as this Honourable Court may deem fit to make in the circumstance.”

The grounds upon which the application is predicated are:

​“1. T…

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