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RAY UBA V. FEDERAL REPUBLIC OF NIGERIA FELIX OKOLI ONYEBUCHI MOSES NOJEEM ONIFADE INI NOAH ADEBAYO OKHIO SESAN AWONUGA YEMI ADEGBUYI MACDONALD NYECHE

(2014) JELR 53136 (CA)

Court of Appeal  •  CA/L/366/2013  •  28 Nov 2014  •  Nigeria

Coram
UZO I. NDUKWE-ANYANWU JCA (Presided) SAMUEL CHUKWUDUMEBI OSEJI JCA ABIMBOLA OBASEKI-ADEJUMO JCA (Read the Lead Judgment)

Appearances
Okoroji Chidi Esq. - for the Appellant. -*- Oluwatoyin Banjo (Miss) - for the 4th Respondent.

Judgement

OBASEKI-ADEJUMO JCA (Delivering the Lead Judgment): Thisis a criminal interlocutory appeal against the judgment of Hon. Justice Onigbanjo of the Lagos State High Court holden at Ikeja Judicial Division, delivered on 8 February 2013. The appellant (who was 1st defendant) dissatisfied with the trial court’s ruling, filed a notice of appeal dated 15 February 2013 and filedon 14 April 2013 with a sole ground. The appellant’s brief is dated and filed on 7 May 2013. On 15 May 2014, this court granted the appellant leave to hear the appeal on the brief of the appellant alone. The brief was settled by Okoroji Chidi Esq. The brief fact is that the appellant is facing a 12 count charge on an amended information of 12 March 2010 along with 9 others for the offence of fraud. During proceedings at the court below, the prosecution called PW1 and PW2 who testified in-chief and were cross-examined by all defendants. The PW3 was Tonpre Oseagwina (Mrs.), a Deputy Detective Superintendent with the EFC…

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