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MR. JOSHUA DURODOLA ALAO v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-43905(SC)

In The Supreme Court of Nigeria

On Friday, the 9th day of March, 2018

SC.992/2015


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

MR. JOSHUA DURODOLA ALAO - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.

FACTS:
The Federal High Court, presided over by Chukwu J., delivered a ruling on 7 November, 2014, overruling several No-Case Submissions made by the appellant and six others standing trial in an amended 79 count charge for embezzlement of public funds.

The appellant appealed against the ruling to the Court of Appeal, Abuja, which upheld the ruling of the learned trial Judge and dismissed the appeal. The Court of Appeal ordered the appellant to proceed to enter his defence as the prosecution had called its witnesses and closed its case, after overruling the no case submission. Appellant further appealed to the Supreme Court.

ISSUES:
The following issues for determination were resolved in the appeal:
1. Whether the Court of Appeal was right not to have nullified the proceedings for want of jurisdiction.
2. Whether the Court of Appeal rightly held that the appellant has a case to answer.
DECISION/HELD:
In the final analysis, the appeal was dismissed. The case was remitted to the Chief Judge of the Federal High Court for re-assignment to another Judge.


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