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OLUFEMI ADEMOLA BABALOLA v. FEDERAL REPUBLIC OF NIGERIA

(2014) JELR 36640 (CA)

Court of Appeal  •  CA/I/155/2013  •  16 Apr 2014  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; CHIDI NWAOMA UWA JCA; HARUNA SIMON TSAMMANI JCA;

Judgement

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of the High Court of Oyo State presided over by O. A. Boade, J. on 12th December, 2012 wherein the court refused to quash the charge against the Appellant herein, in Charge No. I/5EFCC/2011 on the ground that the proof of evidence before the lower court did not disclose a prima facie case against the Appellant.

The background facts are that, the Appellant, who is the 3rd Accused person in the lower court along with other accused persons were alleged to have conspired to defraud the Government of Oyo State by the award of several contracts without budgetary provisions, flouting of Government rules on award of contracts without following due process. It was alleged that the contracts were awarded without passing through the State Tenders Board and not deliberated upon by the Oyo State House of Assembly for inclusion in the budget of Oyo State Government. It was also alleged that none of the 3…

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