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CaseLaw

Komolafe V.FRN (2018) CLR 5(a) (SC)

Judgement delivered on February 3rd 1978

Brief

  • AGF power to initiate proceedings under ICPC Act
  • State High Court Jurisdiction
  • Admitted facts
  • Gratification – Offence of
  • Reply Brief
  • Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act 2000
  • Section 51(3) of the Constitution
  • Section 251(1)(p) of the 1999 Constitution
  • Section 251 (1)(a) of the 1999 Constitution
  • Section 174 (1) of the 1999 Constitution
  • Section 286 (1)(b) of the 1999 Constitution
  • Section 6 of the Corrupt Practices and other Related Offences Act 2000
  • Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act 2000
  • Section 26 (2) of the Corrupt Practices and other Related Offences Act 2000
  • Section 61 (3) of the Corrupt Practices and other Related Offences Act 2000

Facts

The Appellant herein and one Mrs. Ruth Adehwe Aweto were bursar and provost respectively of Federal Cooperative College, Ibadan. They were arraigned before the Oyo State High Court, Ibadan charged with offences bordering on contravention of Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act, 2000. During the trial the prosecution called five witnesses and tendered several documents in evidence. The Appellant and his co-accused testified in their defence and called additional four witnesses.

At the end of the trial and in a reserved and considered judgment, the Appellant and his co-accused were each convicted under counts 5, 6, 7 and 8 and sentenced to one year imprisonment on each count. The sentences were ordered to run concurrently.

The Appellant was dissatisfied with the judgment of the trial Court. Being aggrieved, he appealed to the Court of Appeal, Ibadan, where his appeal was dismissed. He has now brought this appeal.

Issues

  • 1.
    Whether the High Court of Oyo State had the jurisdiction to try the...
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