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ARC AMINU DABO V. FEDERAL REPUBLIC OF NIGERIA

(2013) JELR 35532 (SC)

Supreme Court  •  SC.196/2012  •  13 Dec 2013  •  Nigeria

Coram
MAHMUD MOHAMMED JSC; MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE JSC; JOHN AFOLABI FABIYI JSC; NWALI SYLVESTER NGWUTA JSC; KUMAI BAYANG AKA'AHS JSC;

Appearances
Kanu Agabi SAN with him; Udoka Owie (Mrs) John Ochogwu; P. K. Obi (Mrs); Linus Akwaji; Peter Erivwode; Kehinde Wilkey; Edidiong Usungurua; Ofem Obeten; Akinola Afolarin; Aiseosa Osaghae (Miss) Elvis Utulu; Bartholomew Olohu; Pricilla Omang (Miss); Uchenna Ugwueze (Miss) and Nkiru Melifonwu (Miss) For Appellant Festus Keyamo with him B. N. Obinye and John Anietor For Respondent

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): Arc. Aminu Dabo was one of the six accused persons and others arraigned on a 163 count information before the Lagos State High Court, Ikeja Division on 8/8/2008. The charge was later amended to 68 counts to which the appellant, who was Managing Director of the Nigerian Ports Authority and 2nd accused, together with the others pleaded not guilty.

The appellant along with the others were alleged to have exceeded the limit set for the Board to award contracts and contrived to bring the contracts within its limit by splitting them while still inflating their prices. The evidence adduced on behalf of the prosecution is to the effect that the contracts awarded were appraised by experts employed by the Authority who also recommended the contractors who were awarded the contracts. None of the experts was interviewed during investigation nor called to testify; neither were they charged with any of the alleged offences. All the cou…

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