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ABACHA
V.
THE STATE

(2002) JELR 23696 (SC)

Supreme Court 11 Jul 2002 Nigeria
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- The Supreme Court quashed the information filed against Mohammed Sani Abacha, holding that the proofs of evidence did not disclose a prima facie case linking him to the offences of conspiracy to murder, murder, or accessory after the fact

Case Details

Suit Number:SC.290/2001
Judges:SALIHU MODIBBO ALFA BELGORE Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria AKINTOLA OLUFEMI EJIWUNMI Justice of The Supreme Court of Nigeria
Counsel:J.B. Daudu, SAN (with him, Y.U. Usman, SAN; A.B. Mahmoud, SAN; Kalima Ali; M. Bulama; Aliyu Usman; Ibrahim Adamu; K.T. Turaki; S.T. Ologunorisa; M. K. Usman; S. Amobeda; Z.Y. Umar [Miss] and D. Daudu) For Appellant AND Professor Yemi Osinbajo, Attorney-General of Lagos State (with him, Ogungbesan, [Mrs.] ADPP and H. Yusuf, State Counsel, Ministry of Justice, Lagos State) For Respondent
Other Citations:Abacha v. State (2002) 11 NWLR (Pt.779)437 (2002) 7 S.C (Pt.I) 1, (2002) 5 NWLR (Pt. 761) 638, (2002) JELR 56479 (SC), (2002) JELR 56881 (SC), (2002) JELR 75283 (SC)

S. M. A. BELGORE, JSC (Delivering the Leading Judgment): The Attorney-General of Lagos State, through the Director of Public Prosecutions by a letter to the Chief Registrar, High Court of Lagos State wrote inter alia as follows:

"The State

v.

1. Hamza Al-Mustapha (m)

2. Mohammed Rabo Lawal (m)

3. Mohammed Sani Abacha (m)

4. Alhaji Lateef Shofolahan (m)

Pursuant to section 211(1) of the constitution of the Federal Republic of Nigeria, 1999, I intend to file the attached information against the above mentioned accused persons.

Kindly cause same to be filed in court. Attached herewith are 8 copies of the information and proofs of evidence one copy of each of which is for service on the accused persons.

M.N. Mofunanya (Mrs.)

Director of Public Prosecutions

Lagos State."

At the next page to the letter it was indicated the Director of Public Prosecutions wrote the letter for Hon. Attorney-General and Commissioner for Justice, Lagos State. It is noteworthy that section 211 of the constitutio…

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