Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2015) JELR 40231 (CA)    

Court of Appeal  ·  CA/L/778/2011 ·  15 Jul 2015 ·  Nigeria
Other Citations
Chairman, E.F.C.C. v. Littlechild (2016) 3 NWLR (Pt. 1498) 72
CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
lower court
1st respondent
counter affidavit
learned trial judge
free shop
intimidation of the applicants
trial judge
brief of argument
following cases
further affidavit
mr. john fashanu
1st respondent's detention
active instigation of the 4th respondent
breach of the 1st applicant
following reliefs
fundamental rights of the applicants
grant of bail
judgment of the federal high court
present case
provisions of sections
said counter affidavit
said john fashanu
said petition
1st appellant
abuse of office
appellants' case
applicant's affidavit
award of damages
circumstances of this application
counter affidavit of the appellants
enforcement of fundamental rights
finding of the learned trial judge
holding of the learned trial judge
honourable court
kudu hold ltd
leading judgment
local government sservice board
office of the chairman economic
paragraph affidavit
paragraph counter affidavit
powers of the learned trial judge
said judgment of the lower court
said sum
sealing of the respondents shop
subject matter of this application
such further order
sue eco nomine
unlawful detention of the 1st respondent
view of issue

SAMUEL CHUKWUDUMEBI OSEJI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Lagos Division delivered by M.B. IDRIS J. on the 12th day of July, 2010.

The Appellants' case is that sometime in June 2010 the 1st Appellant received a petition written by one Mr. John Fashanu alleging that the 1st Respondent defrauded him of a total sum of ?287,000 which was to be used to establish a Duty Free Shop at the Murtala Mohammed International Airport in Nigeria on the understanding that the said John Fashanu will be given a stake in the business, but unfortunately the 1st Respondent converted the said sum of ?287,000 to his own personal use.

The Economic and Financial Crimes Commission (EFCC) acting on the said petition commenced investigation into the case and the 1st Respondent was invited for interrogation during which he was granted bail on certain conditions, but instead of perfecting the terms of the bail the 1st Respondent through his c…

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