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MR. OLIVER AMINU ZAKARIYA V. FEDERAL REPUBLIC OF NIGERIA

(2018) JELR 39482 (CA)

Court of Appeal  •  CA/YL/138CN/2017  •  21 Mar 2018  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSSAINI JCA;

Appearances
Martin Milkman Esq. For Appellant Joshua Saidi Esq. Assistant Director Legal Department EFCC For Respondent

Judgement
<p>JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment delivered on 30th March, 2017 in the High Court of Taraba State holden at Jalingo.</p><p>By an amended information filed on 7th October, 2016, the Appellant and two others were charged for conspiracy and criminal breach of trust contrary to Sections 97, 311 and 315 of the Penal Code.</p><p>The other accused persons were discharged and acquitted. The Appellant who was the 3rd Accused before the Court below did not escape. He was convicted on count 7 of the information for criminal breach of trust and sentenced to a prison term of one year.</p><p>The facts of the case are very simple and short. The Appellant was Caretaker Committee Chairman of the Nigerian Civil Service Union Taraba State Chapter. He was alleged to have diverted two million, three hundred and sixty thousand, eight hundred and thirty one Naira, seventy two kobo (N2,360,831.72) meant for the partial repayment of N1,462,618,000.00 (one billion, f…</p>

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