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OTUNBA JUSTUS OLUGBENGA DANIEL v. ECONOMIC AND FINANCIAL CRIMES COMMISSION

(2016) JELR 41429 (CA)

Court of Appeal  •  CA/A/658/2012  •  25 Jul 2016  •  Nigeria

Coram
MOORE ASEIMO A. ADUMEIN JCA; JOSEPH EYO EKANEM JCA; MOHAMMED MUSTAPHA JCA;

Judgement

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, of the 10th October, 2012, Coram Honourable Justice Folashade Ojo; the Notice of Appeal dated 2nd of November, 2012 was filed on the 7th of November, 2012 and has the following grounds shorn of their respective particulars:

GROUND ONE:

The Learned Trial Judge erred in law by holding that "The Applicant in one breath stated clearly that the petition which led to his arrest was written about two years ago and investigation on same was concluded. In the further affidavit he said only one Petition was written against him which said petition was investigated before his arrest.

There are two sets of conflicting facts set up by the same party in the face of depositions in the counter-affidavit. The contradictions in the affidavits of the applicant has not been explained. These two sets of conflicting facts cannot be ascribed credibility a…

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