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HANAFI MOHAMMED V. FEDERAL REPUBLIC OF NIGERIA & ORS.

(2009) JELR 33623 (CA)

Court of Appeal  •  CA/A/55C/2009  •  4 Nov 2009  •  Nigeria

Coram
MARY U. PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; AYOBODE O. LOKULO-SODIPE JCA;

Judgement

MARY U. PETER-ODILI, J.C.A, (Delivering the Leading Judgment): There are two appeals in respect of two applications argued at the same sitting but differently. The first application would be determined before the second appeal on the other application would be taken on. Pursuant to an application dated 4th April 2008, the 1st Respondent sought and obtained leave of the Honourable Justice Salisu Garba sitting at the High Court of the Federal Capital Territory, Abuja to initiate criminal proceedings against the Appellant (charged as the 5th Accused) and the 2nd to 12th Respondents.

The Appellant and the 2nd to 12th Respondents were arraigned on 1st April, 2008 on a fifty four (54) count charge later amended to fifty six (56) counts where to all the accused persons pleaded not guilty. The charges against the Appellant are contained in counts 1- 38, 43 and 55 of the 1st Respondents information and relate to offences of:

1. Conspiracy to commit criminal breach of trust by public servant - …

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