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JOHN BABANI ELIAS v. FEDERAL REPUBLIC OF NIGERIA & ANOR

(2016) JELR 41115 (CA)

Court of Appeal  •  CA/YL/141C/2015  •  29 Jun 2016  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; SAIDU TANKO HUSSAINI JCA; BIOBELE ABRAHAM GEORGEWILL JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): The Appellant herein was re-arraigned before the Federal High Court sitting in Yola on 19th May, 2015 on an Amended Charge No. FHC/YL/10C/2013 for the offence of intent to defraud the Government of Adamawa State punishable under Sections 1(2) (b) and 3(2) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004. He was charged along with two others, Mohammed Inuwa Bassi and Al-Akim Investment Nig. Ltd (the 2nd Respondent herein). After a full-fledged trial, Mohammed Inuwa Bassi, (1st accused person), having been found not guilty, was discharged and acquitted; while the Appellant and the 2nd Respondent (2nd and 3rd accused persons before that Court), were found guilty as charged, convicted and sentenced accordingly.

A synopsis of the facts of the case before the Lower Court is as follows: The 1st Respondent, through the Economic and Financial Crimes Commission (EFCC), initiated an action vide a twe…

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