KAAINJO
V.
FRN

(2018) JELR 38974 (CA)

Court of Appeal · CA/K/542/C/2017 · 18 May 2018 · Nigeria

CORAM

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

witnesses

court

prosecution

section

charges

discretion

lower court

trial judge

administration of criminal justice act

criminal procedure code

trial court

accused person

defense

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

trial

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…

KAAINJO V. FRN

KAAINJO
V.
FRN