Oladimeji Mohammed Edun & Anor V. Federal Republic Of Nigeria (2019)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C.

These two appeals – SC.960/2017: OLADIMEJI MOHAMMED EDUN v. FEDERAL REPUBLIC OF NIGERIA, and SC.961/2017: ZARAB VENTURES LIMITED v. FEDERAL REPUBLIC OF NIGERIA were argued, separately, on 28th November, 2018 before this same Panel. The two appeals, having the same substratum, emanate from the charge No. KWS/20C/2015 before the Kwara State High Court (Coram: M. AbdulGafar, J.) and the appeal No. CA/IL/C.100/2016 at the Court of Appeal, Ilorin Division. Because of the commonality of the facts and the issues in the appeal, including the Counsel on both sides in the two appeals, it becomes necessary that judgments in the two appeals be consolidated though the appeals retain their distinct and separate identities.

The Appellant in the appeal No. SC.960/2017 was the 1st Accused at the trial Court, and also the 1st Appellant at the Lower Court. He was the Chief Executive Officer and the Managing Director of Zarab Ventures Limited, the Appellant in the appeal No. SC.961/2017 and the 2nd Appellant at the Lower Court. In this judgment I shall hereinafter be referring

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to the Appellants in the appeal No. SC.960/2017 and SC.961/2017 respectively as the 1st and 2nd Accused.

The 1st and 2nd Accused were jointly tried on a three-count charge at the Kwara State High Court, Ilorin that reads:

COUNT ONE

That you Oladimeji Mohammed Edun, (being MD/CEO and sole signatory of Zarab Ventures Ltd) and Zarab Ventures Ltd on or about December, 16, 2008 in Ilorin within the Ilorin Judicial Division of the High Court of Kwara State while in such capacity did dishonestly misappropriate the sum of N6,000,000.00 (Six Million Naira) which was part of the money entrusted to you by Kwara State MDG’s – CGS for the construction of boreholes in some Local Government Area and you thereby committed an offence contrary to Section 308 of the Penal Code and punishable under Section 309 of the same Act.

COUNT TWO

That you Oladimeji Mohammed Edun (being MD/CEO and sole signatory of Zarab Ventures Ltd) and Zarab Ventures Ltd on or about 18th May 18, 2009 in Ilorin within the Ilorin Judicial Division of the High Court of Kwara State while in such capacity did dishonestly misappropriate the sum of N1,000,000.00 (One Million

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Naira) which was part of the money entrusted to you by Kwara State MDG’s – CGS for the construction of boreholes in some Local Government Areas and you thereby committed an offence contrary to Section 308 of the Penal Code and punishable under Section 309 of the same Act.

COUNT THREE

That you Oladimeji Mohammed Edun (being MD/CEO and sole signatory of Zarab Ventures Ltd) and Zarab Ventures Ltd on or about the May 21, 2009 in Ilorin within the llorin Judicial Division of the High Court of Kwara State while in such capacity did dishonestly misappropriate the sum of N7,000,000.00 (Seven Million Naira) which was part of the money entrusted to you by Kwara State MDG’s – CGS for the construction of boreholes in some Local Government Areas and you thereby committed an offence contrary to Section 308 of the Penal Code and punishable under Section 309 of the same Act.