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JOHN EKELE v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 38552 (CA)

Court of Appeal  •  CA/A/238C/2017  •  13 Jul 2018  •  Nigeria

Coram
ABDU ABOKI JCA; PETER OLABISI IGE JCA; EMMANUEL AKOMAYE AGIM JCA;

Judgement

PETER OLABISI IGE, J.C.A. (Delivering the Leading Judgment): This appeal is against the Judgment of KOGI STATE HIGH COURT OF JUSTICE holden at OKENE in charge No.ID/9C/2011 delivered by HON. JUSTICE J. J. MAJEBI.

The charge was commenced against four Accused persons but when the first Accused person died the Charge was amended.

The Charge as amended reads:-

"COUNT ONE

"That you, JOSEPH Y. AGBO (being a Staff of Bassa Local Government Council of Kogi State), JOHN EKELE (being a Staff of Bassa Local Government Council of Kogi State) and ABUBAKAR ADAMU CALIUS ABDULLAHI HARAUNA carrying on Business under the name and style of "Mando Global International" sometime between September and December, 2008 in Bassa within jurisdiction of the High Court of Kogi State, did conspire among yourselves do an illegal act, to wit: criminal breach of trust and hereby committed an offence punishable under Section 97(1) of the Penal Code Law of Kogi State.

COUNT TWO

That you, JOSEPH y. AGBO (BEING A Staff of Bas…

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