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ALHASSAN AUWALU v. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37208 (SC)

Supreme Court  •  SC.448/2016  •  15 Dec 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; AMIRU SANUSI JSC; SIDI DAUDA BAGE JSC;

Judgement

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment):This is an appeal against the judgment of the Court of Appeal, Abuja division (herein after referred to as "the lower Court") delivered on 19th of May, 2016 which affirmed the Ruling of the High Court of Federal Capital Territory, Abuja (the trial Court) delivered by M.B. Idris J. on 20th April, 2015.

The facts which gave rise to this appeal are summarised hereunder. On 12th March, 2015, the appellant and one other accused person were arraigned before the trial High Court by the respondent/prosecution on five count charge filed on 13th February, 2015, of course, after the latter obtained leave from the trial Court. The five count charges were contrary to Section 25 (1) (a) and Section 26 (1) (c) of the Corrupt Practices and Other Related Offences Act 2000. Both the appellant and his co-accused pleaded not guilty to the charges when same were read to them and the trial Court thereafter admitted them to bail.

Then on the 16th March, 2…

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