(2018) JELR 38974 (CA)    

Court of Appeal  ·  CA/K/542/C/2017 ·  18 May 2018 ·  Nigeria
UWANI MUSA ABBA AJI Justice of The Court of Appeal of Nigeria OBIETONBARA O. DANIEL-KALIO Justice of The Court of Appeal of Nigeria OLUDOTUN ADEBOLA ADEFOPE-OKOJIE Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
trial judge
administration of criminal justice act
criminal procedure code
trial court
accused person
order payment
prosecution counsel
recall of the witnesses
amended charges
arguments of counsel
burden of funding
case of folorunsho
circumstance of the instant case
circumstance of the recalled prosecution witness
cost of the recall of the witnesses
criminal offence
decision of the high court of justice kano state
defence witnesses
earlier witnesses
exercise of discretion
expenses of the prosecution witness
expenses of the recall
financial crimes commission
further cross-examination
hon. justice farouk lawan adamu
initial charge
leading judgment
learned counsel
leave of the court
obietonbara o. danielkalio
oludotun adebola adefope-okojie
paras d-f
prosecutions witnesses
recalled prosecution witness
slight modifications
such recall
unambiguous provision of these sections
uwani musa abba aji
view of the amendment
wrongful exercise of the discretion

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of the High Court of Justice Kano State delivered by Hon. Justice Farouk Lawan Adamu delivered on 19/06/17. Dissatisfied with the decision, the Appellant appealed to this Court.

The facts leading to the appeal before this Court are that the Appellant was arraigned before the lower Court in 2015 by the Economic and Financial Crimes Commission (EFCC) on charges bordering on allegations of fraudulent appropriation of his employers funds, among other allegations. The initial charge and proofs of evidence contained 23 heads of charges and a list of 5 witnesses. The trial commenced and the prosecution called 4 witnesses, following which it filed a motion, dated 19th July, 2016, seeking leave of the Court to amend the charges. The application was granted and the charges against the appellant were altered from 23 heads to 51.

Consequent upon the alteration, a fresh plea was taken to…

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