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CAPTAIN EZEKIEL AGABA v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-44575(CA)

In The Court of Appeal of Nigeria

On Friday, the 1st day of June, 2018

CA/L/1382C/2017


Before Their Lordships

YARGATA BYENCHIT NIMPAR Justice of The Court of Appeal of Nigeria

UGOCHUKWU ANTHONY OGAKWU Justice of The Court of Appeal of Nigeria

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO Justice of The Court of Appeal of Nigeria


Between

CAPTAIN EZEKIEL AGABA - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the offences of Conspiracy, Conversion and Inducement.
FACTS:
This appeal is predicated upon the ruling of the Federal High Court, sitting in Lagos delivered on the 16th day of October, 2017 wherein the application of a No Case application was dismissed and the Appellant was ordered to enter his defence to the 22 counts filed against him by the Respondent.

The Appellant was one of six defendants charged before the Federal High Court on twenty-two sundry counts of conspiracy, conversion and inducement, a charge denied by the Appellant. The Respondent called several witnesses and tendered a host of documents in proof of the charge. The Appellant after the case for the Prosecution made an application contending that no case was made out against the Appellant. The trial High Court found otherwise thus this appeal.



ISSUES:
The Court considered the appeal on the sole issue formulated by the respondent as follows:
"Whether the lower Court was wrong in holding that the Respondent (Prosecution) has made out a prima facie case against the Appellant to warrant its being called upon to enter his defence."

DECISION/HELD:
???On the whole, the Court held that the appeal succeeds in part. The Court further held that the Appellant is to return to the trial Court for continuation of hearing in respect of counts 1 - 20 while counts 21 and 22 were struck out of the charge.


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