(2011) JELR 46099 (CA)    

Court of Appeal  ·  CA/A/132/2010 ·  7 Jul 2011 ·  Nigeria
Other Citations
Akpan v. F.R.N (2012) 1 NWLR (Pt. 1281) 403
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
grounds of appeal
proof of evidence
public apology
trial court
compensatory damages
2nd accused
high court
wrongful arrest
discretion of this honourable court
fair hearing
final analysis
learned counsel
notice of appeal
prima facie case
above issues
accused person
alleged offence
award of public apology
lower court
twin issues
unreserved apology
briefs of argument
considered judgment
court fails
failure of the learned trial judge
federal capital territory
grant of his reliefs
hearing of the appeal
leading judgment
main point
offence of criminal misappropriation
original jurisdiction
parte application
part of the decision of the court
premises of access bank
present appeal
procedure of this court
prosecuting counsel
regina obiageli nwodo
respective parties
respondent sir stephen odiase
ruling of the high court of justice
statement of witnesses
statutory duties
view of the proof of evidence

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Justice of the Federal Capital Territory (hereafter referred to as FCT) at Gudu - Abuja on the 14th of December, 2009 in which the learned trial judge quashed the charges and proof of evidence preferred against the appellant by the Economic and Financial Crimes Commission (EFCC).

In brief the facts that lead to the present appeal are as follows:

On the 22nd of June, 2009 the trial court granted leave to the prosecuting counsel pursuant to an ex parte application to prefer a charge against the appellant and one Chioma Harriet Unaji. The appellant and Chioma Unaji were charged and arraigned before the court below. Plea was taken, the appellant pleaded not guilty likewise the other accused person. The appellant during trial filed an application dated 17th July, 2009 and filed on 23/07/2009 praying for (a) an order quashing the charges and proof of evidence against …

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