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N.C. ANGUS (W/A) LTD & ORS v. FRN

(2021) JELR 106877 (CA)

Court of Appeal  •  CA/C/313C/2019  •  12 Feb 2021  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE, JCA JAMES SHEHU ABIRIYI, JCA MUHAMMED LAWAL SHUAIBU, JCA

Judgement

MUHAMMED LAWAL SHUAIBU, J.C.A. (Delivering the Leading Judgment): By a motion on notice filed on 2/4/2019 and brought pursuant to the provisions of Section 333 of the Administration of Criminal Justice Act 2015, Section 25(a) of the EFCC (Establishment) Act 2004 and the Inherent Powers of the Court, the respondent as applicant before the lower Court prayed for a final order forfeiting to the Federal Government, a Mack Truck with registration No. ENU 324 XF.

Parties filed their respective affidavits and written addresses and in addition, the learned counsel for the 3rd respondent herein, filed a notice of preliminary objection challenging the competence of the respondent’s motion. In a reserved ruling delivered on 1/7/2019, learned trial judge overruled the objection and granted the respondent’s prayer to wit, finally forfeiting to the Federal Government of Nigeria, Mack Truck with registration Number ENU 324 XF.

Appellants were dissatisfied and therefore appealed against the said ruling…

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