OBIALA DONATUS v. FEDERAL REPUBLIC OF NIGERIA
(2018)LCN/12395(CA)
In The Court of Appeal of Nigeria
On Monday, the 26th day of March, 2018
CA/L/693CB/2017
Before Their Lordships
MOHAMMED LAWAL GARBAJustice of The Court of Appeal of Nigeria
JOSEPH SHAGBAOR IKYEGHJustice of The Court of Appeal of Nigeria
ABIMBOLA OSARUGUE OBASEKI-ADEJUMOJustice of The Court of Appeal of Nigeria
Between
OBIALA DONATUSAppellant(s)
AND
FEDERAL REPUBLIC OF NIGERIARespondent(s)
MOHAMMED LAWAL GARBA, J.C.A. (Delivering the Leading Judgment):
The Appellant was charged and tried by the Lagos State High Court along with the Appellants in Appeals No: CA/L/693C/17 and CA/L/693CA/17 and in the Ruling delivered on the 28th of February, 2017, was discharged “without prejudice” .
As mentioned in Appeal No: CA/L/693CA/17, the Notice of Appeal was dated and filed on 10th of October, 2017 , the grounds, issues and arguments are the same as in the other sister appeals.
Having fully and completely considered and resolved the crucial issues in the appeal No: CA/L/693C/17 in favour of the Appellant, it is not worthwhile nor prudent to merely repeat them in this appeal.
For reasons set out in the judgment in Appeal No:CA/L/693C/17, I allow the appeal and discharge and acquit the Appellant of the offences tried by the High Court in charge No.LCD/3/2012. Appellant discharged and acquitted.
JOSEPH SHAGBAOR IKYEGH, J.C.A.: I agree with the judgment prepared by my learned brother, Mohammed Lawal Garba, J.C.A. (Hon. P.J.), which I had the privilege of reading in draft.
ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A.: I agree with the lead judgment just delivered by my learned brother, MOHAMMED LAWAL GARBA, JCA and I have nothing more useful to add.
The appeal succeeds and the Ruling of the Lower Court is hereby set aside. I abide by the consequential orders as to costs.
Appearances:
V.I.P. Nwana with him, A.K. OrajiukaFor Appellant(s)
Respondent not representedFor Respondent(s)
