(1993) JELR 80297 (CA)    
Court of Appeal  ·  CA/K/315/93 ·  1 Jun 1993 ·  Nigeria
Other Citations
(1995) 8 NWLR (PT 412) 225
Core Terms Beta
1st appellant
learned trial judge
2nd appellant
learned counsel
united states dollars
notice of forfeiture
criminal procedure code
1st accused
justice of the peace
penal code
prosecution witnesses
record of proceedings
mr. dada
accused person
endorsement of the warrant of arrest
mohammed ahmed
chief magistrate court gusau
company's account
company's name
local limits of the jurisdiction of the respondent
present case
provisions of section
respondent's counsel
11,984.00united states dollars
alleged offence of conspiracy
alleged offences of conspiracy
argument mr. mohammed
commission of criminal conspiracy
decision of the learned trial judge
enforcement of their fundamental rights
federal high court
following cases
forfeiture of bail bond
grounds of appeal
hearing of the application
illegal arrest
information report
jurisdiction of the federal high court
medical expenses of the 1st accused
said amount
sokoto high court
sokoto state of nigeria
surety of the 1st appellant
virtue of the provisions of sect

OPENE, J.C.A. (Delivering the Leading Judgment): This matter started at the Chief Magistrate Court Gusau presided over by the respondent where the 1st appellant, a Spanish and three others were arraigned on an Information Report alleging commission of criminal conspiracy and cheating contrary to Sections 97 and 322 of the Penal Code respectively.

The 1st appellant was not in court when the case was mentioned by the respondent and was not present in court until the 9th August 1990 and by that time, 7 Prosecution Witnesses had testified in proof of the allegation and the prosecution had already closed its case.

The 1st appellant's counsel then applied for the record of proceedings which was not made available to him. The 1st appellant informed the respondent that he made a payment of US 81,000 (United States Dollars) to the 1st accused which the 1st accused admitted.

The 1st appellant also stated that he deducted the sum of $11,984.00 (United States Dollars) from the total amount and that,…

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