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CaseLaw

Alao V. FRN (2018) CLR 3(r) (SC)

Judgement delivered on the 9th day of March, 2018

Brief

  • EFCC powers
  • Section 5 of the Economic and Financial Crimes Commission Act 2004
  • Section 53(3) of the Public Procurement Act 2007
  • Section 53(1) of the Public Procurement Act 2007
  • Section 58 of the Public Procurement Act 2007
  • Section 58(3) of the Public Procurement Act 2007
  • Section 174 of the 1999 Constitution
  • Section 5 (1)(k) of the EFCC (Establishment) Act
  • Section 104 of the Criminal Code
  • Section 390 of the Criminal Code
  • Section 390(5) of the Criminal Code
  • Section 126 of the Evidence Act

Facts

This is a sister appeal with SC.991/2015 - Dr. Dayo Olagunju v. Federal Republic of Nigeria. The judgment in that appeal was delivered a short while ago. This appeal is being handled by the same Counsel. The appellant's brief was filed on 29/12/2015 while the respondent's brief filed on 6/10/2016 was deemed filed on 23/2/2017.

The Federal High Court presided over by Chukwu J. delivered a ruling in charge No. FHC/ABJ/CR/177/2009 on 7 November, 2014 overruling several No Case Submissions made by learned counsel for the appellant and six others standing trial in an amended 79 count charge for embezzlement of public funds. The trial Judge had earlier ruled on 26 November, 2012 on the consolidated preliminary objections on the issue of jurisdiction.

The appellant appealed against the ruling to the Court of Appeal, Abuja which delivered its judgment on 8 December 2015 upholding the ruling of the learned trial Judge and dismissing the appeal. The Lower Court ordered the appellant to proceed to enter his defence as the prosecution had called its witnesses and closed its case after overruling the no case. He felt dissatisfied with the judgment of the Court below and so appealed to this Court.

Issues

Whether the Court of Appeal was right not to have nullified the...

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