(2018) JELR 40186 (SC)    

Supreme Court  ·  SC.859/2014 ·  13 Apr 2018 ·  Nigeria
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Core Terms Beta
preliminary objection
trial court
court of appeal
court of appeal rules
proof of evidence
record of appeal
lower court
grounds of appeal
learned justices of the court of appeal
law firm
supplementary record of appeal
copy of the endorsement
count charge of money laundering
garnishee order nisi
garnishee proceedings
jurisdiction of the court
leading judgment
said garnishee order absolute
said judgment sum
suits no. phc
adm. kogi state
central bank of nigeria
decision of the court of appeal
determination of the said appeals
express wording of the court judgment
facts of the case
federal high court
furtherance of this brief
hearing de novo
investigation of the appellant
merit of the grounds of appeal
notice of the payment
official letter
ors v lawson
paragraph affidavit
paragraph counter affidavit
pending appeals
prima facie case
respondents counter affidavit
said court order
said garnishee sum
services of the appellant
single issue

MARY UKAEGO PETER-ODILI, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Port Harcourt Division or Court below or lower Court delivered on the 13th December, 2013, remitting the case to the trial Court for hearing de novo before another Judge.

The facts of the case would be briefly stated from the different sides of spectrum.

On 19th October, 2007, the Economic and Financial Crime Commission (hereinafter called "the EFCC") received a petition at pages 79-81 of the supplementary Record of Appeal written by a Law Firm, Charles Eduzor and associates on behalf of one CHIEF SAMUEL ONOWIGHOSE (hereinafter called "the petitioner") calling for investigation of the Appellant. The thrust of the petition is that the petitioner secured a judgment against Nigerian Agip Oil Company Ltd in consolidated suits No. PHC/755/94 and PHC/403/95 to the tone of 24,000,005.00 (twenty four million, five thousand naira) with 10% as interest until the said j…

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