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A.V.M. OLUTAYO TADE OGUNTOYINBO v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 38393 (CA)

Court of Appeal  •  CA/A/11C/2018  •  14 Jun 2018  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA HAMMA AKAWU BARKA JCA BOLOUKUROMO MOSES UGO JCA

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Interlocutory Appeal against the Ruling of the High Court of the Federal Capital Territory, Abuja delivered by His Lordship, the Honourable Justice Kayode ADENIYI on the 24th of November, 2017.

The Appellant was arraigned before the High Court of the Federal Capital Territory, Abuja on a One Count Charge bordering on corruptly accepting gift in the sum of One Hundred and Sixty-Six Million Naira (₦166,000,000.00) from a Company called Societe D Equipments Internationaux Nig. Ltd a contractor with the Nigerian Air force in the performance of his official act contrary to Section 17(a) of the Independent Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 17(c) of the same Act. The Appellant pleaded not guilty to the one count charge and trial commenced with the prosecution opening its case. During the course of trial specifically when PW3 Junaid Said, one of the EFCC Investigators …

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