FEDERAL REPUBLIC OF NIGERIA V. VIJAY LALWANI
(2013) JELR 36068 (CA)
Court of Appeal
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CA/K/151/C/2011
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19 Feb 2013
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Nigeria
Coram
ABDU ABOKI JCA
ITA GEORGE MBABA JCA
HABEEB ADEWALE OLUMUYIWA ABIRU JCA
Appearances
CHIEF MIKE A. A. OZELHOME WITH ANTHONY ITHENUMAH AND DOMINIC EZERIOHA For the Appellant;
RESPONDENT ABSENT AND UNREPRESENTED.
Judgement
<p><strong>ABDU ABOKI, J.C.A (Delivering the Leading Judgment): </strong>This appeal is against the ruling of the Federal High Court Kano Judicial Division delivered on the 4th day of March 2011 by Shehu Yahaya J.</p><p> The facts that gave rise to this appeal are that the accused person (hereinafter called the respondent) was arraigned before the Federal High Court Holden in Kano, on a criminal complaint dated the 1st day of November, 2010 for contravening the provision of sections 1(a) and (b) of the counterfeit and fake drugs and unwholesome processed foods (miscellaneous provisions) Act, Cap F 33, Laws of the Federation of Nigeria, 2004.</p><p> Sequel to an application that was made by learned counsel to the respondent in this appeal, the charge against the respondent was struck out and the said respondent was accordingly discharged by the learned trial judge.</p><p> Aggrieved by the said ruling, the complainant (hereinafter referred to as the appellant) appealed to this Court via a notice of appeal containing 3 grounds …</p>