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ARCHITECT GABRIEL ADUKU V. FEDERAL REPUBLIC OF NIGERIA & ORS

(2009) JELR 49026 (CA)

Court of Appeal  •  CA/A/265C/08  •  24 Mar 2009  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; JIMI OLUKAYODE BADA JCA; AYOBODE OLUJIMI LOKULO.SODIPE JCA;

Judgement

JIMI OLUKAYODE BADA, JCA (Delivering the Leading Judgment): This is an Appeal against the Ruling of the High Court of the Federal Capital Territory, Abuja in Charge Number FCT/HC/CR/48/08 delivered on the 31s1 day of July 2008 wherein the Court dismissed the application to quash the Charges against the Appellant and the other accused persons.

Briefly the facts of the case are that the Appellant together with the other accused persons are facing a total of 54 counts charge at the High Court of the Federal Capital Territory, Abuja. The charges arose from the large scale fraud in the Federal Ministry of Health in December 2007.

As a result of the preferment of this charge the accused persons including the Appellant were arraigned on the 8th day of April 2008. The Appellant pleaded not guilty. Thereafter like the other accused persons except the 3rd accused, the Appellant filed a motion on Notice dated 12th day of April 2008 in which he prayed for the following order:-

"An order striking…

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