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FEDERAL REPUBLIC OF NIGERIA v. BABALOLA BORISADE

(2015) JELR 36726 (SC)

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

Coram
MARY UKAEGO PETER-ODILI JSC; OLUKAYODE ARIWOOLA JSC; MUSA DATTIJO MOHAMMAD JSC; KUMAI BAYANG AKAAHS JSC; CHIMA CENTUS NWEZE JSC;

Judgement

CHIMA CENTUS NWEZE, J.S.C. (Delivering The Leading 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 November 19, 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 Number 12 (hereinafter, referred to as "trial Court"). It would appear that there were 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 [I. A. Dairo] was, stoutly, resisted by his counsel and, indeed, counsel for the other accused persons.

PW10 was one Re…

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