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ANTHONY EGON EBUKA v. THE STATE

(2014) JELR 36490 (CA)

Court of Appeal  •  CA/C/168C/2012  •  23 Jun 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA; CHIMA CENTUS NWEZE JCA; ONYEKACHI A. OTISI JCA;

Judgement

CHIMA CENTUS NWEZE, J.C.A(Delivering the Leading Judgment): The appellant in this appeal and one other person were arraigned before the Cross River State High Court, Ogoja Judicial Division, on information that alleged their commission of offences punishable under sections 516 and 390 (9) of the Criminal Code Law, Cap C16 Vol 3, Laws of Cross River State. Specifically, they were alleged to have conspired to steal and, in fact, did steal the sum of N29, 927, 300, property of the Royal Fishing Company Limited.

At the conclusion of the case, the court (hereinafter referred to as "the lower court") found that the charge was not proved. It, accordingly, discharged and acquitted the accused persons. However, acting under Part 29, section 259 of the Criminal Procedure Law, Cap C17, Laws of Cross River State, 2004, it held that the houses, which the appellant confessed he ploughed the PW1's funds into, should be transferred to the said PW1. Aggrieved by that order, he appealed to this court. …

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