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FEDERAL REPUBLIC OF NIGERIA V. AVM JOHN ADENIYI KAYODE-BECKLEY

(2020) JELR 91968 (CA)

Court of Appeal  •  CA/A/794C/2017  •  17 Feb 2020  •  Nigeria

Coram
Stephen Jonah Adah, JCA Tinuade Akomolafe-Wilson, JCA Peter Olabisi Ige, JCA

Appearances
Chile Okoroma, Esq. (with him, Chiamaka Agu, Esq. and Laraba Aliyu, Esq.) for the Appellant; J. J. Usman (with him, A. O. Philip, Esq., C. O. Ogbu, Esq. and N. J. Asiwa, Esq.) for the Respondent.

Judgement

IGE, J.C.A. (Delivering the Leading Judgment): The respondent was arraigned by the appellant before the High Court of Federal Capital Territory, Abuja Judicial Division on one count amended charge which reads as follows:

“Count 1:

That you, AVM John Adeniyi Kayode-Beckley whilst serving as Director of Armament, Nigerian Airforce sometimes in 2015, within the jurisdiction of this honourable court did corruptly accept a gift in the sum of Ten Million Naira (₦10,000,000.00) from one Mr. Himma Abubakar of Societe D’Equipments Internationaux Nig. Ltd, a contractor with Nigerian Airforce in performance of your official act and you thereby committed an offence contrary to section 17(c) of the same Act.”

The respondent pleaded not guilty to the said charge and the matter proceeded to trial at the end of which learned counsel to the parties exchanged final written addresses which were adopted on 19th June, 2017.

On the 6th of July, 2017, the learned trial Judge (Coram: Banjoko (J) delivered a cons…

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