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AGETU
V.
C.O.P.

(2020) JELR 110007 (CA)

Court of Appeal 24 Jun 2020 Nigeria
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- The appellant and another person were charged with conspiracy and forgery of land documents. - Photocopies of some documents were admitted as evidence, despite objections from the defense. - The Magistrate Court ordered the appellant to p

Case Details

Suit Number:CA/L/350C/2017
Judges:MOHAMMED LAWAL GARBA, JCA OBANDE FESTUS OGBUINYA, JCA JAMILU YAMMAMA TUKUR, JCA
Counsel:Nasiru Tijani, Esq. and T. Tijani, Esq. for the Appellant; Respondent not represented.

MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment): The appellant and one Juliet Odimbu were arraigned and tried before a Magistrate Court, Ikotun in the Lagos Magisterial District on a four counts charge No. G/60A/2011 for offences of conspiracy and forgery of signature on land documents contrary to the provisions of sections 54 and 467 of the Criminal Code, Cap. C17, Vol. II,(4) Laws of Lagos State 2003.

In the cause of the trial, photocopies of some documents(receipts) were admitted in evidence and marked as exhibits B, B1 and B2 in spite of the attempt to withdraw them by the prosecution and objection by the defence to their admissibility. Subsequently, on the oral application by the prosecution, the Magistrate ordered the appellant to produce the originals of the documents admitted as exhibits B, B2 and dissatisfied with the order, the appeal appealed to the Lagos State High Court (lower court hereafter) against same.

The four grounds of the appeal contained on the amen…

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