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FEDERAL REPUBLIC OF NIGERIA V. SENATOR ADOLPHUS N. WABARA & ORS

(2013) JELR 36101 (SC)

Supreme Court  •  SC.237/2010  •  22 Feb 2013  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; JOHN AFOLABI FABIYI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MUHAMMAD JSC; KUMAI BAYANG AKA'AHS JSC;

Judgement

MUSA DATTIJO MUHAMMAD, J.S.C (Delivering the Leading Judgment): This is an appeal against the judgment of the Abuja Division of the Court of Appeal, hereinafter referred to as the court below, in appeal No. CA/A/7/C/2006 delivered on the 1st day of June, 2010 allowing the appeal of the respondents herein against the decision of the High Court of the Federal Capital Territory Abuja, hereinafter referred to as the trial court, in suit No. FCT/HC/CR/37/2005. Being dissatisfied with the judgment, the respondent at the court below, now appellant herein, has appealed to this Court on a Notice of appeal containing eight grounds.

I shall summarise at once the facts of the case that brought about the appeal.

At the trial court, following its application, the appellant was granted leave to prefer a charge against the respondents and four others. Attached to the application are (a) a fifteen count charge against the accused (2) Names and addresses of witnesses and (3) proof of evidence of twent…

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