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DAVID EFFIOM v. THE STATE

(2014) JELR 36953 (CA)

Court of Appeal  •  CA/C/128/2009  •  5 Feb 2014  •  Nigeria

Coram
MOHAMMED LAWAL GARBA JCA; UZO I. NDUKWE ANYANWU JCA; CHIMA CENTUS NWEZE JCA;

Judgement

MOHAMMED LAWAL GARBA, J.C.A.: (Delivering the Leading Judgment): The Appellant, along with UNEEPTEE Power Nig. Ltd. and DSP Enoh Usoh Usoh Essien, were arraigned before the High Court of Akwa Ibom State, Uyo, on a nine (9) counts charge No. HU/2C/2008 of conspiracy and stealing contrary to Sections 556(1) and 408, respectively, of the Criminal Code, Cap 38, Vol. II, Laws of Akwa Ibom State, 2000. Specifically, the Appellant and Essien were charged with the offence of conspiracy to steal in counts 1 and 2 while in count 3, he, with UNEEPTEE, were charged with stealing "the aggregate sum of Two Hundred and Forty Eight Million, Four Hundred Thousand Naira (N248,400,000) the property of Akwa Ibom State Government."

On arraignment, the Appellant vide a motion filed on the 15/4/2008, prayed the High court to quash the charge/information against him and the 2nd accused, on the grounds that:-

a) That the charge/information was preferred with the leave and

b) That the information as preferred,…

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