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OSA OSUNDE v. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 35385 (CA)

Court of Appeal  •  CA/L/716C/2017  •  9 Mar 2018  •  Nigeria

Coram
JOSEPH SHAGBAOR IKYEGH JCA; BIOBELE ABRAHAM GEORGEWILL JCA; JAMILU YAMMAMA TUKUR JCA;

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Leading Judgment): The appeal is from the decision of the High Court of Lagos State (the Court below) by which it overruled the no case submission of the appellant and held that the appellant has a case to answer with respect to 10 counts of conspiracy and stealing of various huge sums of money said to belong to Afribank Plc.

In brief, the 1st respondent closed her case at the Court below after calling four witnesses and tendering 42 Exhibits upon which the appellant filed and moved a motion for a no case submission which the Court below dismissed and held that the appellant had a case to answer on 10 out of the 21 counts of the charge sheet. The appellant was aggrieved with the decision and filed a notice of appeal with two grounds of appeal challenging the said decision. In a brief of argument filed on 23-06-17 but deemed as properly filed on 25-01-18, the appellant raised this issue for determination-

Whether the lower Court was right in…

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