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AL-AKIM INVESTMENT NIGERIA LIMITED V. FEDERAL REPUBLIC OF NIGERIA & ANOR

(2018) JELR 39424 (CA)

Court of Appeal  •  CA/YL/142CN/2015  •  2 Mar 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Judgement

SAIDU TANKO HUSSAINI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of the Federal High Court sitting in Yola and delivered on the 4th December, 2015 in case No. FHC/YL/10C/2013 by which Judgment the Appellant as the 3rd accused was convicted and sentenced along with one other person, by name, John Babani Elias, the 2nd respondent herein under Section 1 (2)(b) 3(2) of the Miscellaneous Offences Act, Cap M17, Laws of the Federation of Nigeria, 2004.

The appellant and the 2nd respondent were jointly charged in counts 3 and 4 of the amended charge with causing the payment of the sum of N31,500,000 (Thirty One Million, Five Hundred Thousand Naira) and N21,000,000. 00 (Twenty One Million Naira) into GTBank account operated by Mohammed Innuwa Bassi with the intention to defraud the Government of Adamawa State; a Charge or set of charges which the appellant had denied.

To prove her case the prosecution, at the trial Federal High Court called evidence of Seven (7…

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