COL. MOHAMMED SAMBO DASUKI (RTD) V. FEDERAL REPUBLIC OF NIGERIA & ORS
(2018) JELR 42346 (SC)
Supreme Court
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SC.617/2016(CONSOLIDATED)
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2 Mar 2018
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Nigeria
Coram
MUSA DATTIJO MUHAMMAD JSC;
JOHN INYANG OKORO JSC;
CHIMA CENTUS NWEZE JSC;
AMINA ADAMU AUGIE JSC;
EJEMBI EKO JSC;
Appearances
Chief J. B. Daudu, SAN and Ahmed Raji, SAN with, Adeola Adedipe, Esq., C. E. Ogbozor, Esq. and M. Y. Sule, Esq. for the Appellant (in Appeal Nos. SC.617/2016 & SC.618/2016) For Appellant
Rotimi Jacobs, SAN with him, A. O. Atolagbe, Esq. and H. O. P. Ejiga, Esq. for the 1st Respondent (in Appeal Nos. SC.617/2016 & SC.618/2016). Olumide Olujinmi, Esq. with him, Richard Ebitade, Esq., Ademola Owolabi, Esq. and Balogun, Esq. for the 2nd Respondent (in Appeal Nos. SC.617/2016 & SC.618/2016).Solomon Umeh, Esq. with him, S.O. Enejah, Esq., U. U. Fingesi, Esq. and E.M. Uyo, Esq. for the 3rd Respondent (in Appeal Nos. SC.617/2016 & SC.618/2016).A.P. Aderemi, Esq. for the 4th Respondent (in Appeal Nos. SC.617/2016 & SC.618/2016).A.O. Ayodele, Esq. with him, M.D. Ayodele, Esq. for the 5th Respondent (in appeal No.SC.617/2016).Olushola Dare, Esq. with him, E.A. Dare, Esq. for the 4th & 5th Respondents (in Appeal No. SC.618/2016). For Respondent
Judgement
EJEMBI EKO, JSC (Delivering the Leading Judgment): The appellant and 5 others were arraigned at the High Court of the Federal Capital Territory [hereinafter called "the trial Court"] on an information alleging various allegations of criminal breach of trust, fraud, dishonest misappropriation of monies belonging to the Federal Government of Nigeria etc. In all, the appellant and the co-accused are being prosecuted on 19 charges.
Upon arraignment the trial Court, on 18th December, 2015, granted the appellant bail on terms. The terms on which the order releasing the appellant on bail was predicated were further reproduced in the Enrolled Order dated 21st December, 2015. The appellant met the bail terms, and was consequently released from the Federal Prison, Kuje, where he was held on remand on 29th December, 2015. The order releasing the appellant from the prison custody was carried out by the Controller of the Kuje Prison. The appellant was immediately re-arrested and taken away by offic…
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