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FRN
V.
YAKUBU & ORS

(2018) JELR 39511 (CA)

Court of Appeal 19 Mar 2018 Nigeria
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- The appeal concerns charges of conspiracy to steal, stealing land, forgery, and use of false documents. - The trial judge quashed the charges, finding no prima facie case of stealing. - The appellant argues that the charges are valid and

Case Details

Suit Number:CA/L/1236/2016
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:B.O.A. Sonoiki, Esq. with him, T.J. Banjo, Esq. For Appellant Yemi Adeshina, Esq. with him, L. C. Okudo, Esq. and S.C. Chikezie, Esq., for the 1st and 2nd Respondents. J.O. Ohakpo, Esq., for the 3rd - 10th Respondents For Respondent

ONYEKACHI AJA OTISI, JCA (Delivering the Leading Judgment): This appeal is brought against the decision of the High Court of Lagos State delivered by O. Atinuke Ipaye, J. on October 6, 2016 in Charge No ID/2168C/2015 in which the learned trial Judge upheld preliminary objections of the 1st and 2nd Respondents and of the 3rd-10th Respondents and quashed the charges brought against them, holding inter alia that no prima facie case of stealing had been made out on the proof of evidence to justify proceeding with the 11 count Amended Charge.

The facts leading to this appeal, in summary, are as follows:

A petition was written to the Economic and Financial Crimes Commission (EFCC) by one Ms. Folashade Ogundare, a donee of a power of attorney from Oyetubo Jokotade Estate Resources Ltd. The said Company was the holder and owner of a Certificate of occupancy issued by Lagos State, dated 17/6/1996 and registered as No. 75 at page 75 in volume 1996AE at the Lands Registry Lagos. It was alleged in …

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