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BUKAR BABABE & ANOR V. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 34283 (CA)

Court of Appeal  •  CA/J/86C/2012  •  30 May 2017  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; ADAMU JAURO JCA; ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU JCA;

Appearances
Mr. Nankham Ayuba Dammo For Appellant Mr. Shehu Yahaya For Respondent

Judgement

ELFRIEDA OLUWAYEMISI WILLIAMS-DAWODU, J.C.A. (Delivering the Leading Judgment): This appeal is as a result of the Ruling of the Borno State High Court, Maiduguri, delivered on December 15th 2011 which dismissed the Appellants' consolidated applications for lack of merit and therefore, allowed the prosecution of the Appellants. The prosecution proceeded according to the leave that had been granted on the eight count charge under the Corrupt Practices and Other Related Offences Act, 2000 in Suit No. BOHC/MG/CR/81/10

At the Court below, the Appellants (Applicants at the Court), filed two separate Motions, Nos. BOHC/MG/CR/51M/2011, and BOHC/MG/CR/41M/2011 on 2/6/2011 and 6/6/2011 for the 1st and 2nd Appellants respectively, which were consolidated by the Court as they were identical.

The Motions prayed as follows:

1. An order of this Hon. Court arresting the arrangement (sic) and subsequent commencement of the trial of the first and 2nd accused on the basis of this charge filed in this Honou…

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