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RAJI SHADE TAWAKALITU RAJI TUNDE SURAJEDEEN UNUAFE OKARO KENNETH ARINDE ADEBOLA ANTHONY ADEYINKA MARGARET MOSUN EMIOLA OLAWALE KOLAPO STEVE SALIMON RASHEED ISHAQ NAFIU RASAQ ISHOLA FOLARANMI ORIOLA MUIBI IBIKUNLE KOLAWOLE MUHIB V. FEDERAL REPUBLIC OF NIGERIA

(2010) JELR 57088 (CA)

Court of Appeal  •  CA/IL/C.28/2009  •  22 Apr 2010  •  Nigeria

Coram
DALHATU ADAMU JCA (Presided) SOTONYE DENTON-WEST JCA IGNATIUS IGWE AGUBE JCA (Read the Lead Judgment)

Appearances
R. Ashaolu Esq., (with him, Babatunde Abdullahi Esq., Jubrin Hussein Esq.) - for the 1st Appellant. -*- Tunde Olomu Esq., - for the 2nd, 8th and 9th Appellants. -*- M. O.Abdulkadir Esq., (with him, Gobir Hassan Ahmed Esq.,A. N. Dangana Esq., and A. O. Efako Esq.) - for the 3rd Appellant and F -*- holding brief for the 9th Appellant. -*- R.O. Balogun Esq., (with him, I. A. Ahmed Esq.,) - for the 4th and 6th Appellants. -*- Bolatito David (Miss) - for the 5th Appellant. -*- Salman Jawondo Esq., - for the 7th Appellant. G -*- M. I. Akande Esq., Senior State Counsel, Ministry of Justice, Kwara State - for the Respondent.

Judgement

AGUBE JCA (Delivering the Lead Judgment): This is an appeal against the ruling of honourable Justice Bilkisu Bello Aliyu, of the Ilorin Division, of the Federal High Court, whichruling was delivered on 10 March 2008, in suit No. FHC/IL/28C/2008. The facts of the case are that the ten accused persons/appellants were arraigned before his lordship on a twelve count charge of examination malpractices contrary to section 6(1)(a) and punishable undersection 9(2)(b)of the Examination MalpracticesAct, Cap.15, Laws of the Federation of Nigeria, 2004. It is not clear from the record of proceedings whether the appellants actually took their pleas but suffice it to say that from the contents of the ruling of the learned trial Judge at page 1: “On arraignment they all pleaded not guilty to all the counts of the charge” and the case was adjourned for hearing. However, before the commencement of trial, the 2nd; 4th; 6th; 7th; 8th, and 9th accused/appellantsfiled their respective motionsand notices…

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