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VICTOR YIBORKU V. THE REPUBLIC

(1968) JELR 87081 (SC)

Supreme Court  •  F.S.C 29/1968  •  22 Nov 1968  •  Nigeria

Coram
ADEMOLA, CHIEF JUSTICE, NIGERIA COKER, JUSTICE, SUPREME COURT MADARIKAN, JUSTICE, SUPREME COURT

Judgement

MADARIKAN, J.S.C.

In charge No. 530/67 the appellant stood trial in the Chief Magistrate’s Court Lagos on charges of various offences of fraudulent false accounting and stealing, and on the 23rd February, 1967 he was discharged and acquitted on all counts. Thereafter the State filed a motion (No. M/152/67) in the Lagos High Court on the 4th September 1967; seeking extension of time within which to appeal against the judgment of the learned Chief Magistrate.The facts relied upon were:-

(1) On the 25th February, 1967, Mr. A. Akinsanya, a solicitor, applied for a copy of the record of proceedings and judgment in charge No. 530/67 and it was supplied to him on the 13th May, 1967.

(2) After perusing the record, he decided to apply for a copy of exhibit ‘F’ ten-dared In the criminal case and on the 18th May, 1967, he applied for it and it was supplied to him on the 2nd June, 1967.

(3) He addressed a petition to the Director of Public Prosecutions on the 5th June, 1967 and it was then that the …

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