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FEDERAL REPUBLIC OF NIGERIA v. ENWENEDE SOLOMON & ORS

(2017) JELR 37312 (SC)

Supreme Court  •  SC.178/2014  •  15 Dec 2017  •  Nigeria

Coram
OLABODE RHODES-VIVOUR JSC; MARY UKAEGO PETER-ODILI JSC; CLARA BATA OGUNBIYI JSC; AMIRU SANUSI JSC; SIDI DAUDA BAGE JSC;

Judgement

CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The Respondents herein were jointly charged before the Delta State High Court vide the charge sheet dated 19th day of August, 2010 containing Ten (10) counts. All the offences were charged under the Independent Corrupt Practices and Other Related Offences Acts,2000 (Pages 2 - 6 of the Records contained the Charge sheet and the proof of evidence).

They were arraigned on the 14th day of October, 2010 before the High Court Sapele Judicial Division.

The plea of each of the accused Persons was taken and they were also granted bail on the some day (Pages 137 - 139 of the Records are in reference).

By a motion dated the 5th of November, 2011, the 1st and 2nd Respondents applied to the lower Court for the quashing of counts 1, 2, 7, 8, 9 and 10 and the statement of offence in the information on the grounds set out on the motion paper. (The motion on Notice/Preliminary Objection is at pages 82 - 90 of the Records). This application wa…

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