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LEYE ADEJUYIGBE v. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37291 (CA)

Court of Appeal  •  CA/AK/67C/2014  •  17 Mar 2017  •  Nigeria

Coram
MOHAMMED AMBI-USI DANJUMA JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A.(Delivering the Leading Judgment): This appeal queries the correctness of the decision of the High Court of Ondo State, holden at Akure (hereinafter called "the lower Court"), Coram judice: T. O. Osoba, J., in charge No. AK/33C12006, delivered on 28th June, 2014. 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 easy appreciation. The Department of State Service (DSS, for short), petitioned the respondent, via an audit report, alleging financial improprieties against the Planning Committee set up by the Chairman of Akure North Local Government Council to oversee and organise the official visit of the erstwhile Governor of Ondo State, Dr. Olusegun Agagu, to the Council on 9th September, 2004. The appellant, a career civil servant and the Head of the personal management of the Council was secretary of the Comm…

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