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MILTON PAUL OHWOVORIOLE, SAN V. FEDERAL REPUBLIC OF NIGERIA, ALHAJI MIKA ANACHE, CHIEF ADEBIYI OLAFISOYE & ADEYEMI OMOWUNMI

(2001) JELR 56760 (CA)

Court of Appeal  •  CA/A/73/2001  •  19 Jun 2001  •  Nigeria

Coram
DAHIRU MUSDAPHER, JCA (Presided) ALBERT GBADEBO ODUYEMI, JCA (Read the Lead Judgment) ISA ABUBAKAR MANGAJI, JCA

Appearances
Chief (Dr.) Babashola Rhodes, SAN - (with I. C. Ubosi, Esq., J. Akanike, Esq, Miss P. B. Akpele, Messrs E. Ohwovoriole and Martins Momodu) - for the Appellant Mrs. C. Onuagu - Assistant Director, Federal Ministry of Justice (with Mrs. O. O. Fatunde, Assistant Chief Legal Officer; Mr. Sanusi Kado, Senior Legal Officer and Mr. Bayo Taiwo, Legal Officer) - for the 1st Respondent Ibrahim Idris, Esq. (with Mrs. J. E. Obanu and Miss U. A. Okeke) - for the 2nd Respondent Professor S. A. Adesanya, SAN - (with Mr. W. Kasali) - for the 3rd and 4th Respondents

Judgement

ODUYEMI, JCA (Delivering the Lead Judgment): By an application filed in the Registry of the High Court of the Federal Capital Territory Abuja on 22nd May, 2001 the Attorney-General of the Federation on behalf of the 1st respondent applied to the court for consent to prefer a criminal charge against the appellant, 2nd, 3rd and 4th respondents in this appeal. The application was made under Section 185(b) of the Criminal Code.

Accompanying the application were the following annexure:-

1. A copy of the charge in respect of which leave is sought.

2. Names and addresses of witnesses.

3. Proof of evidence which shall be relied upon at the trial.

By an Order of the court dated 22nd day of May, 2001 the Court granted its consent to the 1st respondent to prefer a direct criminal charge jointly and against the applicant, the 2nd, 3rd and 4th respondents in the terms of the copy of the charge annexed to the application for consent - as 4th, 1st, 2nd and 3rd accused persons respectively.

The first two…

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