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(2014) JELR 40118 (CA)    

Court of Appeal  ·  CA/L/627/2010 ·  14 Feb 2014 ·  Nigeria
SIDI DAUDA BAGE Justice of The Court of Appeal of Nigeria JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria CHINWE EUGENIA IYIZOBA Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
criminal procedure act
lower court
financial crimes commission
money laundering
national drug law enforcement agency
appellant's application
learned trial judge
supreme court
accused person
appellant's objection
1st accused
provisions of the money laundering
constitution of the federal republic of nigeria
senior counsel
object of the act
opening wording of the act
perverse decision
preamble of the act
punishment of money laundering
said motion
advance fee fraud
brief of argument
m18 lfn
matter of substantive law
notice of appeal
ruling of the federal high court
trite position of the law
act cap
attorney general oyo state
civil service commission of kano state
conclusion of the lower court
considered view
constitutional provision
contemplation of section
following orders
fundamental jurisdictional issue
grounds of appeal
host of other decisions
issue no.
jurisdictional issue
menace of cross border drug
paragraph c
subject matter of the action
valid objection
violation of section

SIDI DAUDA BAGE, JCA(DELIVERING THE LEADING JUDGMENT): This is an appeal against the Ruling of the Federal High Court, delivered by Hon. Justice A. R. Mohammed in charge No: FHC/L/336/08 on a motion brought by the 1st Accused/Appellant, praying the Court below to quash Counts 1, 2, 3, 4, 5, 6, 7 and 8 of the charge preferred against him. The motion together with the affidavit in support and the written address is at page 29 - 65 of the Records. In a considered Ruling at pages 96 - 114 of the Records the Court below dismissed the said motion on Notice as lacking in merit.

Dissatisfied, the 1st Accused/Appellant appealed to this Court on a Notice of Appeal filed 9th of April, 2010 which is contained at pages 115 - 124 of the Records. The 8 grounds of appeal are hereby reproduced with their particulars:

1. Having rightly held that:

A careful look at the counts in the charge will show that they are all brought under the provisions of the Money Laundering (Prohibition) Act Cap. M18 LFN 20…

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