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FEDERAL REPUBLIC OF NIGERIA V. BABALOLA BORISADE

(2015) JELR 57344 (SC)

Supreme Court  •  SC/230/2012  •  30 Jan 2015  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JSC (Presided) OLUKAYODE ARIWOOLA JSC MUSA DATTIJO MUHAMMAD JSC KUMAI BAYANG AKA’AHS JSC CHIMA CENTUS NWEZE JSC (Read the Lead Judgment)

Appearances
T. Hon SAN (with him, D. O. Pendo, G. T. Iorver) - for the C -*- Appellants -*- Chief A. S. Awomolo (with him, Mrs. Feyisayo Folorunsho, Jude Daniel Odi) - for the 1st Respondent . -*- Kehinde Ogunnwumiju (with him, E.W. Bamikile Aduloju, Miss Queenette Agbe) - for the 2nd Respondents in SC. 229/2012 . D Olumuyiwa Akinboro (with him, Kenneth Iweka, Chidi Ezenwafor, Lawan Bunyamba Tunde Arowolo, JamilaAdamu, Emeka Nwali) - -*- for the 3rd Respondents in SC. 229/2012 . -*- Olusegun O. Jolaawo and Francis Chukwu Ani - for the 4th & 5th Respondents . E

Judgement

NWEZE JSC (Delivering the Lead Judgment): Way back in November 2009, the respondent in this appeal and four others, (as accused persons), were arraigned before the High Court of the Federal Capital Territory, Abuja. Precisely by an amended charge of fifteen counts, dated and filed on 19 November 2009, they were alleged to have committed various offences under the Penal Code and the Independent Corrupt Practices and Other Related Offences Act, 2000 (ICPC Act, for short).

Sequel to their due arraignment, trial commenced before High Court No. 12 (hereinafter, referred to as “trial court”). It would appear that therewere no procedural hitches when the first nine witnesses were examined in chief; duly cross-examined and discharged accordingly. However, the prosecution’s attempt to tender the extra-judicial statement of the third accused person (T. A. Dairo), was stoutly resisted by his counsel and indeed, counsel for the other accused persons.

PW10, was one Reuben Omosigbo, the Principal …

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