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BLACK BERRY NIGERIA LIMITED V. FEDERAL REPUBLIC OF NIGERIA

(2012) JELR 52115 (CA)

Court of Appeal  •  CA/L/775A/2011  •  20 Dec 2012  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA (Presided and Read the Lead Judgment) ADAMU JAURO JCA RITA NOSAKHARE PEMU JCA

Appearances
U. C. Ikegbule, Esq. - for the Appellant. D -*- G. O. Adebola, Esq. - for the Respondent.

Judgement

AUGIE JCA(Delivering the Lead Judgment): The appellant, a limited liability company, and its Managing Director/Chief Executive Officer, Mr. Ifeanyi Paddy Eke, were arraigned before an Ikeja High Court of Lagos State, and charged with the offences of issuing dishonoured cheques, and stealing the sum of N255,000,000.00 (two hundred and fifty-five million naira). After a trial in which 15 witnesses testified for the prosecution and the appellant’s MD/CEO testified for the defence, they were both convicted. The appellant was sentenced to pay a fine of N1,000,000.00 (one million naira) for issuing a dishonoured cheque, and jointly ordered with its MD/ CEO “to pay the stolen sum of N255,000,000.00 (two hundred and fifty- five million naira) back to the named victim Company Petrostar as restitution”. Dissatisfied with the verdict, the appellant appealed to this court with a notice of appeal containing seventeen grounds of appeal. Briefs ofarguments were duly filed as required by the rules …

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