- Saraki V. Kotoye (1992) 9 NWLR pt 264 p 156 at 188.
He argued that the case of Dr. Nwobike SAN V. FRN relied upon by the
Applicant, is grossly misinterpreted, misconceived and misplaced as same
did not categorically stop the Respondent from investigating or
prosecuting the offence of Criminal Breach of Trust, and so the
Applicant’s application is premised on frivolity or recklessness.
- Marine Management Association V. National Maritime
Consultancy Ltd (2012) 3 NWLR pt 1333 p 506 at 538.
- Emeka V. Okadigbo (2012) 18 NWLR pt 1331 p 55.
He submitted that legal principles established in decided authorities are
not to be applied across the board without regard to the facts and issues
framed in them, and since the case of Nwobike SAN V. FRN (Supra) are
not the same with the Applicant’s case, Nwobike SAN’s case is in
applicable.
- Abubakar V. Nasamu No. 2 (2012) 17 NWLR pt 1330 p
523.
- Mortune V. Bolanwu (2000) 5 NWLR pt 655 p 87.
Respondent’s counsel further contended that by the averments in the
counter affidavit of the Respondent and Exhibits 1-12 annexed there
under, it is clear that the money paid by Sokoto State Government was
illicitly misappropriated with the object of earning wealth which is
Criminal and cannot be settled by any Civil arrangement or Alternative
Dispute Resolution.
Respondent’s counsel finally urge the court to hold that the facts and
circumstances and issues for determination raised and adopted by the
Supreme Court in Nwobike’s case, are entirely different with the case
before this court and dismiss the application for lacking in merit.
Page 17 of 31