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RAYMOND TEMISAN OMATSEYE V. FEDERAL REPUBLIC OF NIGERIA

(2017) JELR 37767 (CA)

Court of Appeal  •  CA/L/871C/2016  •  11 May 2017  •  Nigeria

Coram
YARGATA BYENCHIT NIMPAR JCA BIOBELE ABRAHAM GEORGEWILL JCA ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA

Appearances
J. A. Oshighala with him, E. D. Onyeke and J. A. Sarage For the Appellant; Akutah Pius Ukayima with him, Ekong Aniekan For the Respondent.

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the Federal High Court delivered on the 20th of May, 2016 by HON. JUSTICE RITA OFILI-AJUMOGOBIA wherein the Court below found the Appellant guilty and convicted in respect of counts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 23, 24, 25 and 26 which are offences of approving the award of contracts above his monetary threshold as Director-General of NIMASA. The Appellant dissatisfied with the conviction filed a Notice of Appeal dated and filed on the 23rd May, 2016 setting out 4 initial grounds and with leave of Court, filed one additional ground of Appeal making a total of 5 grounds of Appeal.

The allegation against the Appellant was simply that he awarded various contracts above the monetary threshold limit as approved by the Bureau for Public Procurement (BPP) and as contained in the document tendered and marked as Exhibit PD16z. Upon arraignment, the A…

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