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CaseLaw

Auto Components. State (1997) CLR 2 (m) (CA)

Judgement delivered on June 18th 2002

Brief

  • Disposal of property found with accused person

Facts

Appellants (a limited liability company) was arraigned with another person in the High Court of Kano on charges of conspiracy and theft under the Penal Code. At the end of prosecutions case, a no-case submission was made on appellants behalf. Learned trial Judge upheld the no-case submission and struck out appellant from the charge.

Thereafter, the state brought a motion before the same court pursuant section 357(1) & (3) of the Criminal Procedure Code praying that:

  • a
    The sum of N70,624.21 be transferred from an acct. with Allied Bank opened in the name of Kano Aluminum by the respondents to the acct. of Northern Aluminum with BCCI (AIB).
  • b
    To transfer the sum of N250,000 meant for Northern Aluminum drawn on UBA made payable to Auto Components Ltd, the second respondent, into the account of Northern Aluminum.

Trial Judge granted the orders sought by the state. Appellant aggrieved appealed to the Court of Appeal.

Issues

  • 1
    Whether the learned trial Chief Judge was right in the circumstances of...
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