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SUNDAY DADA ADEBAYO v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 38638 (CA)

Court of Appeal  •  CA/AK/234C/2016  •  31 May 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal probes into the correctness of the decision of the High Court of Ondo State, sitting in Akure (hereinafter called the lower Court) coram judice: T. O. Osoba, J., in Suit No. AK/110C/2014, delivered on 20th April, 2016. Before the lower Court, the appellant and the respondent were the accused person and the complainant respectively.

The facts of the case, which transformed into the appeal, are amenable to brevity and simplicity. The Independent Corrupt Practices Commission (ICPC, for short) is one of the law enforcement and prosecutorial agencies against corruption in Nigeria. Sometime ago, the Commission received a petition titled: Fraud Incorporated at FMC Owo over 100 million confirmed missing. The Commission assigned the petition to a team of personnel for investigation. It was duly investigated. Thereafter, the commission sought and obtained leave of the lower Court to file criminal charges against the ap…

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