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ATOYEBI
V.
FRN

(2017) JELR 37253 (SC)

Supreme Court 15 Dec 2017 Nigeria
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- The appellant and a co-accused were arraigned before the Federal High Court, Lagos on a 54-count charge for accepting cash payments above statutory thresholds without channeling such payments through financial institutions, contrary to Se

Case Details

Suit Number:SC.142/2017
Judges:OLABODE RHODES-VIVOUR JSC MARY UKAEGO PETER-ODILI JSC OLUKAYODE ARIWOOLA JSC CLARA BATA OGUNBIYI JSC AMIRU SANUSI JSC
Counsel:Oludele Adegboyega Adeogun For the Appellant; E. E. Iheanacho with him, G. G. Chia-Yakua For the Respondent.

AMIRU SANUSI, J.S.C. (Delivering the Leading Judgment): This instant appeal is against the judgment of the Court of Appeal, Lagos division (Lower Court) delivered on the 4th of November, 2016 which upturned the ruling of the Federal High Court, Lagos division (the trial Court). The facts of the case which gave rise to this appeal as gathered from the record are simply put as follows;

The appellant and one other person, were arraigned before the trial Court on a fifty four count charge, vide an Amended charge dated 4th of June, 2013 but filed on 7th June, 2013 (charge No.FHC/L/4420/2011). The appellant pleaded not guilty to all the counts. In presenting its case at the trial, the respondent as prosecutor, called two witnesses and tendered Exhibits P1- P6 and, closed its case. The appellant, "as accused person at the trial Court, thereafter made a "No Case Submission" urging the trial Court to discharge and acquit him as the prosecution/respondent failed to establish a prima facie case a…

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