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OGBUINYA JCA (Delivering the Lead Judgment): This appeal is an off shoot of the decision of the High Court of Nasarawa State, coram, Isa A. Ramalan, J., in charge No. NSD/LF46ACT/2006, delivered on 20 May2008, wherein it discharged and acquitted the respondents of the offences preferred against them.
The facts of the case, which transmutted into this appeal, are brief and simple. The first and the second respondents were the respective Chairman and the Director of finance and supplies of TotoLocal Government Area of Nasarawa State. On 15 June 2005, a petition titled, N26 Million Scandals in Toto LGC”, written by one Ozi Odaku Ilyasu, for and on behalf of Toto sons and daughters,was addressed to the Chairman of the Economic and Financial Crimes Commission, Abuja. On 12August 2005,the Chairman redirected the petition to the Independent Corrupt Practices and Other Related Offences Commission (hereunder abridged to “the Commission”).
Sequel to the transfer, the Commission raised/constitu…