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ALHAJI BABA GANA ABBAS DAWA & ANOR. V. FEDERAL REPUBLIC OF NIGERIA

(2011) JELR 48442 (CA)

Court of Appeal  •  CA/J/236C/2009  •  11 Jul 2011  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; ABUBAKAR DATTI YAHAYA JCA; PHILOMENA MBUA EKPE JCA;

Appearances
Peter Adebayo Bello Esq. For Appellant Amedu Sule Esq., Chief Legal Officer, ICPC Abuja For Respondent

Judgement

UZO I. NDUKWE.ANYANWU J.C.A.: The 1st and 2nd Appellants in this case were the Chairman and Treasurer respectively of Damboa Local Government council. They were charged as 1st and 2nd accused persons in a 4 count charge for conspiracy et al. I will recap the 4 counts for clarity:

"(1) That you Alhaji Baba Gana Abbas Dawa (M) and Alhaji Abatcha Ali (M) on or before 14th April, 2005 or thereabout at Damboa Local Government Area, Borno State within the jurisdiction of the Honouroble Court, being public officers did conspire with each other to commit on offence under Corrupt Practice and Other Related Offences Act 2000 to wit: by using your positions as Chairman and Treasurer of Damboa Local Government Council respectively to confer corrupt advantage, the sum of N6,000,000 (Six Million Naira) property of Damboa Local Government Council, upon yourselves, which sum of money being part of N7,000,000, (Seven Million Naira) approved by Damboa Local Government Council to Galtis Water Services a…

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