Ochonogor Alex V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

At the High Court of Lagos State, a Nine Count Information was preferred against the appellant here and others. Sometime in 2014, precisely, on October 28, 2014, the Prosecution filed an Amended Information. As he did with regard to the earlier Information, the appellant sought for an order quashing the charge preferred against him – an application that was dismissed on February 17, 2016. Having unsuccessfully challenged the said Ruling of the High Court throughout this judgment, simply, called [“the trial Court”] at the Court of Appeal, Lagos Division, [hereinafter referred to as “the lower Court”] the appellant has now, approached this Court, urging it to set aside the decision of the lower Court.

He seeks the Court’s determination of the two issues which he framed thus:

1. Whether the Court of Appeal was right when it held that the Lagos High Court can exercise criminal jurisdiction in this matter considering that the subject matter of Charge No. ID/120C/2012 which borders on admiralty operation, oil and gas, revenue of the Federal Government

2.

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Whether the Lower Court was right to hold that the information and proof of evidence in this case have disclosed a prima facie case against the appellant to warrant his trial thereon

On behalf of the respondent, the following two issues were presented for the determination of the appeal, viz;

1. Whether the Court of Appeal was not right in upholding the decision of the High Court of Lagos State that it had the jurisdiction to entertain the Information contained in Charge No ID/120C/2012 bordering on the offences of obtaining money by false pretence under the Advance Fee Fraud and other Fraud Related Offences Act, 2006; forgery, uttering and conspiracy under Sections 467 and 468 of the Criminal Code, Cap C17, Volume 2, Laws of Lagos State, Nigeria, 2003
2. Whether the Court of Appeal was wrong in holding that having regard to the Information and the proof of evidence filed along with the Information, a Prima Facie case is disclosed against the appellant to warrant his trial

Upon my intimate reading of the principal complaints in the Notice and Grounds of Appeal, I am of the humble view that the two issues of the respondent, neatly,

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capture the appellant’s grouse against the lower Court’s judgment. They would, therefore, be adopted in the disposal of this appeal.

ARGUMENTS ON THE ISSUES

ISSUE ONE

Whether the Court of Appeal was not right in upholding the decision of the High Court of Lagos State that it had the jurisdiction to entertain the Information contained in Charge No ID/120C/2012 bordering on the offences of obtaining money by false pretence under the Advance Fee Fraud and other Fraud Related Offences Act, 2006; forgery, uttering and conspiracy under Sections 467 and 468 of the Criminal Code, Cap C17, Volume 2, Laws of Lagos State, Nigeria, 2003

APPELLANT’S SUBMISSIONS