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FRN & ANOR

(2017) JELR 37716 (CA)

Court of Appeal 24 Mar 2017 Nigeria
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Suit Number:CA/YL/78C/2016
Judges:OYEBISI FOLAYEMI OMOLEYE Justice of The Court of Appeal of Nigeria JAMES SHEHU ABIRIYI Justice of The Court of Appeal of Nigeria SAIDU TANKO HUSAINI Justice of The Court of Appeal of Nigeria
Counsel:E. A. Ibrahim-Effiong, Esq. With him, S.N. Augustine, Esq. and J.T. Barnabas, Esq. For Appellant A.M. Labaran for the 1st Respondent.M. J. Ifegwu for the 2nd respondent. For Respondent

SAIDU TANKO HUSAINI, JCA (Delivering the Leading Judgment): This appeal is against the Ruling of the Federal High Court, Taraba State Judicial Division, sitting in Jalingo and delivered on the 21st June, 2016 in Charge No. FHC/TAR/2016.The appeal case had been consolidated with Appeal No. CA/YL/77C/2016 before hearing.

The 1st respondent had by an information preferred a two count charge against the Appellant and the 2nd Respondent jointly wherein it is alleged that they both conspired together to transact banking business without a valid license, an offence said to be contrary to Section 516 of the Criminal Code Act and Section 2(1) and (2) of the Banking and Other Financial Institutions Act, Cap B3. This information is contained in the charge sheet dated the 11th January, 2016 and filed on the 13th January, 2016. On the 29th February, 2016 the 1st Respondent filed an amended charge of 8 counts wherein the appellant and the 2nd Respondent are alleged to have committed the offences spe…

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