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THE FEDERAL REPUBLIC OF NIGERIA V. UCHE ROSEMARY IKEDINWA & ANOR

(2013) JELR 35702 (CA)

Court of Appeal  •  CA/EK/C25B/2011  •  10 Jul 2013  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; UCHECHUKWU ONYEMENAM JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Ruling of the Federal High Court sitting in Ado-Ekiti in Charge No: FHC/EN/6C/2006 - THE FEDERAL REPUBLIC OF NIGERIA V. (1) UCHE ROSEMARY IKEDINWA (2) CHIMEZIE IKEDINWA; delivered on 15th July, 2009, wherein the trial court ordered as follows:-

''......that all that property described in Paragraph 1(a) to 1(y) on the applicant's motion dated 14th April, 2008, be returned to the 1st accused Rosemary Ikedinwa now discharged and acquitted in Charge No:- FHC/EN/6C/2006".

The appellant dissatisfied with the order of the lower court set out above now appealed to this court.

The Learned Counsel for the Appellant formulated two (2) issues for the determination of the appeal. The issues are set out as follows: -

"ISSUE 1:

Whether having regards to the provision of the 1999 Constitution and the NDLEA Act, CAP. N30 Laws of the Federation, 2004, the NDLEA (representing the Appellant in this case) can seiz…

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