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MRS. EBELE MBANUGO V. THE STATE OF LAGOS

(2017) JELR 37350 (CA)

Court of Appeal  •  CA/L/353C/2016  •  12 Jul 2017  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA YARGATA BYENCHIT NIMPAR JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling of the Lagos State High Court delivered on the 15th February, 2016 by HON. JUSTICE TAIWO wherein the Court below dismissed a no case submission made by the Appellant after the close of the prosecution's case. The Appellant was arraigned before the Court below on a 3 count amended charge as follows:

"1. FIRST COUNT - STATEMENT OF OFFENCE

Stealing contrary to Section 278 and punishable under Section 285(7) of the Criminal Law of Lagos State 2011.

PARTICULARS OF OFFENCE

Mrs. Ebele Mbanugo between 2009 and 2011 at American International School, Victoria Island, Lagos, in the Lagos Judicial Division, while in the employment of the American International School the host for "Run/walk towards the Cure Programme" in which you acted as a Race Coordinator, fraudulently misappropriated the sum of $110,267.57 property of the Child Survival and Development Organization of Nigeria.

COUNT TWO

STATEMENT OF …

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