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RAPHAEL OLORUNFEMI OKOMODA v.FEDERAL REPUBLIC OF NIGERIA & ORS

(2016) JELR 37085 (CA)

Court of Appeal  •  CA/L/511C/2015  •  22 Mar 2016  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; YARGATA BYENCHIT NIMPAR JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned along with the 2nd and 3rd Respondents before the Lagos State High Court, and charged with sundry offences, including conspiracy to and obtaining money by false pretences, stealing, and money laundering.

He pleaded not guilty to Counts 1 to 6 and 15 of the said Charge on 7/7/2014. The lower Court reserved Ruling on their Application for bail dated 23/6/2014, and ordered that all three of them be "remanded in Kirikiri Maximum Prison". On 29/9/2014, learned Counsel re-adopted the arguments for their bail and in his Ruling delivered on that day, the learned trial Judge, Lawal-Akapo, J., held -

"Paragraphs 8, 9, 11, 12, 18, and 19 of the Respondents Counter Affidavit are very germane. They are hereby reproduced - - - - Failure of the Applicants to file a Reply to these serious and nostalgic averments amounted in law to admission of those facts ... With the admission of these cogent and pointed facts can…

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