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DANIEL
V.
E.F.C.C

(2016) JELR 41429 (CA)

Court of Appeal 25 Jul 2016 Nigeria
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- The appellant challenged his arrest and detention by the EFCC, arguing unlawful arrest, insufficient evidentiary basis (lack of production of petitions against him), and unlawful detention due to inability to meet bail conditions after ar

Case Details

Suit Number:CA/A/658/2012
Judges:MOORE ASEIMO A. ADUMEIN Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria MOHAMMED MUSTAPHA Justice of The Court of Appeal of Nigeria
Counsel:A. Osinbajo, Esq. with him, F. Alayode, Esq. For Appellant O.A. Atolagbe, Esq. For Respondent

MOHAMMED MUSTAPHA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja, of the 10th October, 2012, Coram Honourable Justice Folashade Ojo; the Notice of Appeal dated 2nd of November, 2012 was filed on the 7th of November, 2012 and has the following grounds shorn of their respective particulars:

GROUND ONE:

The Learned Trial Judge erred in law by holding that "The Applicant in one breath stated clearly that the petition which led to his arrest was written about two years ago and investigation on same was concluded. In the further affidavit he said only one Petition was written against him which said petition was investigated before his arrest.

There are two sets of conflicting facts set up by the same party in the face of depositions in the counter-affidavit. The contradictions in the affidavits of the applicant has not been explained. These two sets of conflicting facts cannot be ascribed credibility a…

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