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(2021) JELR 109457 (CA)

Court of Appeal  •  CA/KN/284/C/2018  •  12 Nov 2021  •  Nigeria

Oyebisi Folayemi Omoleye, JCA Habeeb Adewale Olumuyiwa Abiru, JCA Usman Alhaji Musale, JCA


HABEEB ADEWALE OLUMUYIWA ABIRU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision contained in the Ruling of the High Court of Kano State delivered in Suit No K/222C/2018 by Honorable Justice Nasiru Saminu on the 16th of March, 2018 on a no-case submission made by the Appellant.

The Appellant was the second accused defendant on a criminal charge containing three counts. The other accused defendants were one Farouk Bibi Farouk and Ahmad Ibrahim. The three counts read thus:

First Head of Charge

That you, Farouk Bibi Farouk, the Commissioner for Lands, Mahmoud Bello Bari, former Permanent Secretary Ministry of Land, and Ahmad Ibrahim, Director One Stop Shop, Ministry of Lands Kano State, sometime in April 2016 at the Kano State Ministry of Land, within Kano Judicial Division agreed to do an illegal act, to wit: commit the offence of criminal breach of trust by servant and that the same act was done in pursuance of the said agreement and you thereby committed a…

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