Emmanuel Egharevba V Federal Republic Of Nigeria & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

WALTER SAMUEL NKANU ONNOGHEN, J.S.C.

This is an appeal against the judgment of the Court of Appeal Holden at Benin city in appeal No. CA/B/117/2006 delivered on the 4th day of March, 2010 dismissing the appeal of the Appellant/2nd accused on a no case submission.

The facts of the case are the following;

Appellant with three others were charge to the Edo state High Court Benin city for a 9 count charge to wit-

”Statement of Offence 1st Count

Furnishing false statement contrary to Section 16 of the Corrupt Practices and other Related Offences Act 2000.

Particulars of offence

Prof. Austin Ohasohan on or about 15th November, 2001 at Benin City being an officer charged with the use of property belonging to the University of Benin Teaching Hospital, knowingly furnished false statement in respect of the sum of N1,150,000. 00 purportedly expended for the purpose of media coverage of the Minister of Health’s official visit.

Statement of Offence 2nd Count

Abetment contrary to Section 26(1) (c) of the Corrupt Practices and other Related Offences Act, 2000.

Particulars of Offence

Emmanuel Egharevba around November, 2001 at Benin

city did abet the furnishing of false statement by issuing a letter and receipt to Prof. Austine Obasohan in respect of the sum of N1,150, 000. 00 purportedly expended for media coverage of Minister of Health’s official visit…

Statement of Offence 3rd Count