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FEYISARA OJASANMI v. FEDERAL GOVERNMENT OF NIGERIA

(2018) JELR 39195 (CA)

Court of Appeal  •  CA/AK/185C/2017  •  19 Feb 2018  •  Nigeria

Coram
UZO IFEYINWA NDUKWE-ANYANWU JCA; OBANDE FESTUS OGBUINYA JCA; RIDWAN MAIWADA ABDULLAHI JCA;

Judgement

OBANDE FESTUS OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal probes into the correctness of the decision of the Federal High Court, sitting in Akure (hereinafter addressed as "the lower Court"), coram judice. A. Dogo, J., in suit No.FHC/AK/66C/2015, delivered on 12th June, 2017. Before the lower Court, the appellant and the respondent were the accused person and the complainant respectively.

The facts of the case, which metamorphosed into the appeal, are submissive to brevity and non-complexity. The Nigeria Security and Civil Defence Corps (the NSCDC for short), one of the law enforcement agencies in Nigeria, received an intelligence report that the appellant was dealing in Petroleum product - Automotive Gas Oil (diesel). The officers/operatives of the NSCDC, acting on the report, arrested the appellant in his house at Ode Omi in Irele Local Government Area of Ondo State on 9th September, 2015. The anti-vandal team took him to his shop where they alleged they saw some …

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