(2021) JELR 109240 (CA)    
Court of Appeal  ·  CA/IB/251C/2021 ·  2 Dec 2021 ·  Nigeria
Jimi Olukayode Bada, JCA Abba Bello Mohammed, JCA Abdul-Azeez Waziri, JCA

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This appeal emanated from the ruling of the Oyo State High Court of Justice, Ibadan Judicial Division, delivered on 15th July, 2021 in Suit NO: I/5EFCC/2011 – FEDERAL REPUBLIC OF NIGERIA AND (1) OTUNBA ADEBAYO CHRISTOPHER ALAO AKALA (2) HONOURABLE HOSEA AYOOLA AGBOOLA (3) OLUFEMI ADEMOLA BABALOLA wherein the Appellant was called upon to enter his defence on counts 1, 2 and 5 of the information after a No-case submission.

Briefly, the facts of the case are that the Appellant alongside the two Defendants were charged on an information dated 10/10/2011 containing eleven (11) counts. Plea of the Appellant and other Defendants were taken on 5/3/2018. Trial commenced on 29/6/2018. The Appellant was charged on counts 1, 2, 3, 4, 5, 8, 9, 10 and 11 of the information. The Prosecution in proving the allegations against the Defendants called five (5) witnesses.

At the conclusion of the Prosecution’s case, the Appellant raised a no cas…

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