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PML (NIGERIA) LIMITED v. FEDERAL REPUBLIC OF NIGERIA

(2014) JELR 33330 (CA)

Court of Appeal  •  CA/B/329CD/2011  •  9 Apr 2014  •  Nigeria

Coram
HELEN MORONKEJI OGUNWUMIJU JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA;

Judgement

AYOBODE OLUJIMI LOKULO-SODIPE, JCA (Delivering the Leading Judgment): The Federal High Court Benin Division (hereafter simply referred to as "the lower court") presided over by Hon. Justice Adamu Hobon being seised of Charge No. FHC/B/11C/2011 - FEDERAL REPUBLIC OF NIGERIA v. LUCKY NOSAKHARE IGBINEDION and 6 ORS; on 31/5/2011 delivered a ruling in a motion on notice dated 4/2/2011 and filed on the same date brought jointly by all the accused persons in the said Charge, as Applicants. The said ruling was against all the Applicants therein save the 1st Accused/1st Applicant - Lucky Nosakhare Igbinedion. He was discharged from the proceedings, i.e. Charge No. FHC/B/11C/2011 - FEDERAL REPUBLIC OF NIGERIA v. LUCKY NOSAKHARE IGBINEDION and 6 ORS (hereafter simply referred to as "the FHC, Benin Charge or "instant Charge") while the lower court having dismissed the motion on notice as it relates to the other accused persons/Applicants in the said Charge called on them to enter their respectiv…

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