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FEDERAL REPUBLIC OF NIGERIA v. JAMES ONANEFE IBORI & ORS

(2014) JELR 36526 (CA)

Court of Appeal  •  CA/B/61C/2010(2)  •  15 May 2014  •  Nigeria

Coram
IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; TOM SHAIBU YAKUBU JCA;

Judgement

IBRAHIM MOHAMMED MUSA SAULAWA, JCA (DELIVERING THE LEADING JUDGMENT): The instant appeal is a fall-out of the decision of the Federal High Court, Asaba, Delta State, which was delivered on December 17, 2009 in Suit No.FHC/ASB/1C/2009. By the decision in question, the Lower Court, Coram Awokulehin, J; quashed the 170 count charge filed by the Appellant against the Respondents. Consequent upon which, the Lower Court discharged and acquitted the Respondents. Not unnaturally, the Appellant was dissatisfied with the said decision of the Lower Court, thus filed the present appeal.

BACKGROUND FACTS:

The genesis of the present appeal is traceable to 13/12/07. That was the day the Respondents were initially jointly arraigned before the court below, sitting at Kaduna Judicial Division, upon a 103 count charge. However, the Respondents objected to the jurisdiction of the Lower Court to try them upon the count charge in question. By the considered ruling thereof, the Lower Court, Coram Shuaibu, J…

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