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ONWURAH EMEKA v. JAMILU IDRIS

(2017) JELR 37523 (CA)

Court of Appeal  •  CA/K/332/M/2016(R)  •  31 Jan 2017  •  Nigeria

Coram
IBRAHIM SHATA BDLIYA JCA; OBIETONBARA O. DANIEL-KALIO JCA; AMINA AUDI WAMBAI JCA;

Judgement

IBRAHIM SHATA BDLIYA, J.C.A. (Delivering the Lead Ruling): The events leading to the filing of the application of the appellant/applicant are simple and straightforward. The applicant and the respondent were employee of Ecobank (Nig) Ltd, Zaria Branch. The applicant in course of his duty issued an e-mail letter to the respondent seeking for clarifications on issues related to an investigation. The respondent replied the letter, but through his counsel, initiated a criminal summons proceedings at a Magistrate's Court, Zaria pursuant to Sections 180 and 130 of the Penal Code against the appellant; alleging that he was defamed by the applicant, which led to the resignation of his appointment with the Ecobank (Nig) Ltd.

The matter went to trial at the Magistrate's Court, Zaria. The respondent called witnesses who testified on his behalf. After the evidence of the witnesses, the applicant's counsel made a no case submission. The no case submission was over-ruled on the 26th of October 2015.…

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