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OTUNBA JUSTUS OLUGBENGA DANIEL v. FEDERAL REPUBLIC OF NIGERIA

(2013) JELR 36954 (CA)

Court of Appeal  •  CA/I/55/2013  •  29 Nov 2013  •  Nigeria

Coram
M.B. DONGBAN-MENSEM JCA; HARUNA SIMON TSAMMANI JCA; OBIETONBARA DANIEL-KALIO JCA;

Judgement

OBIENTONBARA DANIEL-KALIO, JCA: (Delivering the Leading Judgment): The dispute on appeal in this case is over the Ruling of the High Court of Ogun State in respect of issues of Fair Hearing, Abuse of Process and Contempt of Court.

By an information dated 2nd April, 2012, the Federal Republic of Nigeria (the Respondent in this Appeal) brought a number of charges against the Appellant including inter alia 13 Counts indicating that the Appellant whilst being the Executive Governor of Ogun State and a Trustee of the Government of that State pursuant to the provisions of the Land Use Act, with intent to defraud, converted land to some favoured companies and individuals. In total, the information filed against the Appellant contained 38 Offences with which the Appellant was charged.

On the 15th of October 2012, the Appellant filed a Motion on Notice in which he sought an order of the High Court of Ogun State striking out counts 1 to 13 in the information filed. The Motion on Notice sought t…

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