(2009) JELR 45871 (CA)    

Court of Appeal  ·  CA/A/12SC/05 ·  16 Jan 2009 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria OYEBISI FDLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria AYOBODE O. LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
icpc act
lower court
presumption of law
a-g of the federation
irrebuttable presumption of law
open court
double jeopardy
charge no. cr
corrupt practices
related offences act
trial court
1st accused
accused persons
affidavit evidence
attorney-general of the federation
ruling of a court
ruling of the lower court
use of the word
cases of nigeria-arab bank ltd
criminal proceedings
deemed consent of the a-g of the federation
exhibit b
facts of the case
independent corrupt practices commission act
lead counsel
office of the a-g of the federation
part of the hearing of a matter
paul ahmed bassi of counsel
police force
police report
power of investigation
presumption of genuineness of a court
prosecution counsel
provision of the constitution of the federal republic
rebuttable presumption
record of the lower court
root of the entire proceedings
said court
said ruling
subject matter of the advice of the dpp
such affidavit
view of the decision of the lower court

AYOBODE O. LOKULO-SODIPE, J.C.A (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory Abuja, presided over by Hon. Justice Ishaq Bello dismissing the application to quash Charge No. CR/8/04 preferred against the Appellant.

The facts of the case put briefly are that the Appellant and another person were arraigned before the learned trial Judge on 7th December, 2004. The Appellant and the other person charged along with him were charged under the Corrupt Practices and other Related Offences Act for conspiracy, diversion of funds and conferring corrupt and unfair advantage upon themselves. After arraignment the Appellant was later granted bail on 9th December, 2004 and the matter was adjourned till 27/1/2005 for hearing. On 25/1/2005, the Appellant filed an application dated 24/1/2005 praying the lower court to quash the Charge preferred against him. See pages 45-46 of the Record. The application was heard on 15/3/2005 a…

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