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CHARLES CHUKWU "M" v. INSPECTOR GENERAL OF POLICE

(2018) JELR 38650 (CA)

Court of Appeal  •  CA/L/609AC/2016  •  21 Jun 2018  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; JOSEPH SHAGBAOR IKYEGH JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Federal High Court Lagos Division in Charge No: FHC/565C/2015 delivered on 11th May, 2016, by Honourable Justice Saliu Saidu against the Appellant.

The material facts of this appeal are that the Respondent carrying out its statutory functions charged the Appellant and 5 others before the trial Court, with conspiracy to commit a felony under Section 3(6) of the Miscellaneous Offences Act (MOA), Cap M17, LFN, 2004; falsification of shipping clearing documents deposited with Guarantee Trust Bank Plc., as collateral for the sum of Two Billion, Four Hundred Million Naira; uttering of shipping clearing documents with intent to defraud, and fraudulently using same to clear goods worth N2.4 Billion; and false and fraudulent representation of the uttered documents, contrary to Section 1(2)(c) of the MOA.

While trial was on going, the Appellant filed series of applications, the substance th…

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