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KURFI & ANOR V. FRN

(2022) JELR 110220 (CA)

Court of Appeal  •  CA/KN/06/C/2021  •  7 Feb 2022  •  Nigeria

Coram
Habeeb Adewale Olumuyiwa Abirul Abubakar Muazu Lamido Usman Alhaji Musale

Appearances
SALISU SULE, ESQ., WITH HIM, FAROUK ASEKOME, ESQ. AND S.A. MAGASHI, ESQ.For Appellant(s) AISHA IBRAHIM, ESQ., WITH HIM, SALIHU SANI, ESQ., AND DOUGLAS I. GIFT, ESQ.For Respondent(s)

Judgement

ABUBAKAR MUAZU LAMIDO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling in a no case submission by the Kano State High Court delivered on 2nd December, 2020; Coram: Dije Abdu Aboki, J. The Appellant is standing trial on a one count charge of criminal breach of trust contrary to Section 312 of the Penal Code. The Charge reads as follows:-

“That you Rabiu Yusuf Kurfi being a Director of Summerset Universal Premier Limited and Summerset Universal Premier Limited sometimes between 3rd – 10th September, 2015 at Kano in the Kano Judicial Division of the High Court, being entrusted with dominion over certain properties to wit; N57,840,000.00 (Fifty Seven Million, Eight Hundred and Forty Thousand Naira) by Okechukwu Obiapuma and Nnamdi Mbah that you are selling $260,300 (Two Hundred and Sixty Thousand, Three Hundred US Dollars) equivalent of N57,840,000.00 (Fifty Seven Million, Eight Hundred and Forty Thousand Naira) did dishonestly misappropriate the sum of $240,…

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