Abidoye Vs Federal Republic Of Nigeria (2013)

LAWGLOBAL HUB Lead Judgment Report

NWALI SYLVESTER NGWUTA, JSC

This is one of the six appeals brought against the judgment of the Lagos Division of the Court of Appeal which affirmed the judgment of the High Court of Lagos State, Ikeja Judicial Division.

Appellant and five others and others said to be at large were arraigned on information containing 163 counts before the Ikeja Division of the High Court of Lagos State on 8th August, 2008. First and second accused persons before the trial Court were the Chairman, Board of Directors of Nigerian Ports Authority and Managing Director of the Nigerian Ports Authority, respectively. Appellant as 3rd accused, and 4th 5th and 6th accused persons (now appellants) were members of the Board of Directors of Nigerian ports Authority. Each pleaded not guilty to each of the 163 counts of the information.

On 24th October, 2008 the information was amended by withdrawal of some of the counts therein contained. The amended information had 68 counts and each of the accused persons (now appellants) including the appellant herein pleaded not guilty to each count of the amended information.

For ease of reference, the 68 counts of the amended information can be split into the following four groups:

Offences contrary to section 22(3) of the Corrupt Practices and Other Related Offences Act, 2000: Counts 1-7.

Conspiracy to disobey lawful order issued by constituted authority contrary to section 517 of the Criminal Code Cap 32 Vol. 2 Laws of Lagos State of Nigeria 1994: Count 8.

Disobedience of lawful order issue by constituted authority contrary to section 203 of the Criminal Code Cap 32 Vol. 2 Laws of Lagos State of Nigeria 1994: Counts 9-57.

Abuse of office contrary to section 104 of the Criminal Code Cap. 32 Vol. 2, Laws of Lagos State of Nigeria 1994: Counts 58-68. Though intention was not included as an element of any of the

offences charged in the first group, Counts 1-7, a golden thread which runs through the particulars in Groups 2-4, that is, Counts 8-68 of the amended information is the phrase “with intention to defraud”. In proof of its case, the prosecution called ten witnesses. The only witness for the defence was the 1st accused (now appellant) in Appeal No. SC.180/2012 who testified for himself and for his co-accused persons

In an 111 page judgment delivered on 26th October, 2009 the learned trial Judge, Oyewole J, found each of the six accused persons,including the appellant, who was the 3rd accused person, not guilty in each of Counts 1, 2, 3, 4, 5, 6, 7, 13, 14, 17, 18, 30, 31, 45, 47, 48, 58,62, 63, 66 and 68 and acquitted and discharged each of them on each of the counts accordingly.

His Lordship, however, found each of the accused persons,including the 3 accused (now appellant) guilty as charged in each of

Counts 8, 9, 10, 11, 12, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 46, 49, 50, 51, 52, 53,54, 55, 56, 57, 59, 60, 61, 64, 65 and 67 and convicted each of the accused on each count.

In passing sentence on the convicts, the learned trial Judge said: