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PATRICK EBOIEGBODIN V. FEDERAL REPUBLIC OF NIGERIA

(2014) JELR 50906 (CA)

Court of Appeal  •  CA/B/329CF/2011  •  9 Apr 2014  •  Nigeria

Coram
IBRAHIM MUSA MOHAMMED SAULAWA JCA AYOBODE OLUJIMI LOKULO-SODIPE JCA

Judgement

OGUNWUMIJU JCA (Delivering the Lead Judgment): This is an appeal against the rulingof the Federal High Court, Benin Division, delivered by Hon. Justice Adamu Hobon on 31 May 2011, wherein his lordship dismissed the reliefs claimed by the appellant in the motion on notice dated 4 February 2011 and consequently ordered that the appellant enter its plea to the charge dated 21 January 2011 against him. Below are the facts that resulted in this appeal:

The respondent, on 22 January 2008 at the Federal HighCourt Enugu, proferred charge No: FHC/EN/6C/2008 - F.R.N. v. Lucky Nosakhare Igbinedion . The appellant was the 5th accused in the said charge. During the course of the trial, the 1st accused in the charge approached the prosecution for a plea bargainarrangement. Onlythe 1st and the 2nd accused were physically present at the plea bargain meeting.

Consequent to the plea bargain agreement, the prosecution on 18 December 2008, filed an amended charge with charge No. FHC/EN/6C/ 2008 Federa…

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