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ABUBAKAR A. BAGUDU V. THE FEDERAL REPUBLIC OF NIGERIA & ORS.

(2003) JELR 44928 (CA)

Court of Appeal  •  CA/L/242/2002  •  30 Jun 2003  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; PIUS OLAYIWOLA ADEREMI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

MUSA DATTIJO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): The appellant as plaintiff took out a writ against the respondents being defendants at the court below. This was on 15th November, 2001. And what was the writ for? It was for the following claims:

1.A declaration that the decision of the 1st and 2nd defendants to bring and the bring of criminal proceedings against the plaintiff are contrary to the provisions and effect of the Forfeiture Of Assets, Etc. (Certain Persons) Decree No.53 of 1999 and are therefore unlawful, illegal, null and void.

2.A declaration that all the counts in the criminal charges CR/21/2000, CR/22/2000, CA/23/200, and relating to the plaintiff are null and void in so far as they are contrary to the provisions and effect of the Forfeiture Of Assets, (Certain Persons) Decree No.53 of 1999.

3. A declaration that by virtue of the Forfeiture Of Assets, Etc. (Certain Persons) Decree No.53 of 1999 and in the circumstances which have happened, no criminal …

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