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FEDERAL REPUBLIC OF NIGERIA v. CHIEF JOSHUA CIBI DARIYE

(2011) JELR 49145 (CA)

Court of Appeal  •  CA/K/204/C/05  •  15 Apr 2011  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JOSEPH TINE TUR JCA; OBANDE F. OGBUINYA JCA;

Judgement

OBANDE F. OGBUINYA. J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision, ruling, of the Federal High Court, Kaduna, presided over by Hon. Justice A. M. Liman, delivered on 16th December, 2004 - striking out the name of the respondent from the charge against him and counts 1 and 2 of that charge.

Flowing from the processes filed, the facts leading to this appeal are straightforward. On 06/12/2004, the appellant, through a famous anti-graft agency, the Economic and Financial Crimes Commission, commenced criminal prosecution of the FHC/KD/144c/04. In counts 1 and 4 of it, which related to the respondent, he was charged with fraudulent presentation of a Central Bank Cheque for the sum of N1,161,162,900.00 billion in favour of Plateau State to the sixth respondent and dishonest misappropriation of the said sum of money contrary to section 3(2) of the Miscellaneous Offences Decree as amended by Tribunals Certain Consequential Amendments etc) Decree No.62 of 1999…

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