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ORJI UZOR KALU V. FEDERAL REPUBLIC OF NIGERIA , JONES UDEOGU & SLOK NIGERIA LIMITED

(2019) JELR 110895 (CA)

Court of Appeal  •  CA/L/1061C/2018  •  24 Apr 2019  •  Nigeria

Coram
Mohammed Lawal Garba Tom Shaibu Yakubu Jamilu Yammama Tukur

Appearances
A. Kalu, SAN and Elema, SAN with them, A. Onum, E. Jimoh, O. Obidike and C.I. Atume For the Appellant Rotimi Jacobs, SAN with him, A. Adeniji, G.O. Balogun and J.O. Adeyemi for the 1st Respondent. Chief Solo Akuma, SAN with, L.U. Agu and E. Akuma for the 2nd Respondent. K.C. Nwufo with him, D. Idang and F. Okonkwo for the 3rd Respondent

Judgement

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned by the 1st Respondent before the Federal High Court, Lagos (Lower Court), along with the 2nd and 3rd Respondents and tried on a thirty-nine (39) Counts 2nd Further Amended charge No. FHC/ABJ/CR/56/07 filed on 16th July, 2018 for offences under the Money Laundering (Prohibition) Act, 2004 and the Criminal Code Act, 1990.

At the close of the case by the prosecution, the Appellant made a no case submission which was over-ruled by the Lower Court in a Ruling dated 31st July, 2018 and so was called upon to enter his defence to the offences he was charged for. This appeal arises from the decision by the Lower Court to dismiss the no-case submission and is premised on two (2) grounds contained on the Notice of Appeal dated the 1st and filed on the 2nd August, 2018 from which two issues are submitted for decision by the Court in the Appellant’s brief filed on 5th December, 2018.

They are as follows: -

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