Afolabi Olufemi Johnson V. Federal Republic of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report

ALI ABUBAKAR BABANDI GUMEL, J.C.A. 

This is an appeal against the ruling of the Federal High Court, Ibadan Division delivered on 15th June, 2015 in charge No.FHC/IB/36C/2015.

The Appellant was arraigned on a 5 count charge along with 5 other persons for a variety of offences. The 5 count charge is:-
“COUNT 1
That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA and FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan within the jurisdiction of this Honorable Court, have by virtue of abuse of your office, being employees of Central Bank of Nigeria, contributed to the economic adversity of the Federal Republic of Nigeria when you destroyed a box marked ?Counted Audited Dirty? filled with Newspapers in place of a box containing N10,000,000 (Ten Million Naira) of N1,000 denomination and which activity led to the increase of money in circulation which the briquetting exercise of Central Bank of Nigeria was intended to control and you thereby committed an offence punishable under Section 1(2) and Section

1

10(1) of the Recovery of Public Property (Special Provision) Act, Cap. R4 Laws of the Federation of Nigeria, 2004.
COUNT 2
That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA and FATAI ADEDOKUN YUSUF on about 5th August, 2014 in Ibadan within the Jurisdiction of this Honorable Court, engaged in corrupt practices when you replaced the content of a box of N1,000 notes denomination in a total sum of N10,000,000 (Ten Million Naira) marked as ?Counted Audited Dirty? meant for briquetting with Newspapers and which sum you converted to your own use and you thereby committed an offence punishable under Section 1(2) and Section 10(1) of the Recovery of Public Property (Special Provision) Act, Cap. R4 Laws of the Federation of Nigeria, 2004.
COUNT 3
That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA AND FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honorable Court being employees of Central Bank of Nigeria, owned asset, to wit: the sum of N10,000,000 (Ten

2

Million Naira) being money you took from a box marked ?Counted Audited Dirty? which was meant for briquetting and which you replaced with Newspapers and used for personal purpose which asset is in excess of your legitimate, known and provable income and assets and you thereby committed an offence under Section 7(2) of the Bank Employees etc. (Declaration of Assets) Act. Cap. B1 Laws of the Federation of Nigeria, 2004.
COUNT 4
That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLA BABALOLA, OLANIRAN MUNIRU ADEOLA and FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan with the Jurisdiction of this Honorable Court with intent to defraud, were privy to making false entry in a document to wit: the report of your briquetting exercise that took place at Central Bank of Nigeria, Ibadan branch which you submitted to Central Bank of Nigeria, headquarters, Abuja, to the effect that the briquetting exercise was successful without any abnormality when indeed a box stuffed with newspapers are against N10,000,000 (Ten Million Naira) notes was discovered during your briquetting exercise on the 5th of September 2014

3

and you thereby committed an offence punishable under Section 438(b) of the Criminal Code Act Cap. C38 Laws of the Federation of Nigeria, 2004.
COUNT 5
That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honourable Court, with intent to defraud, were privy to omitting material particulars from document to wit: the report of your Briquetting exercise that took place at Central Bank of Nigeria, Ibadan branch which you submitted to Central Bank of Nigeria, headquarters, Abuja, to the effect that the briquetting exercise was successful without any abnormality when indeed a box stuffed with newspapers are against N10,000,000 (Ten Million Naira) notes was discovered during your briquetting exercise on the 5th of September 2014 and you thereby committed an offence punishable under Section 438(c) of the Criminal Code Act Cap. C38 Laws of the Federation of Nigeria, 2004.”

?The Appellant was the 2nd Accused on the charge sheet. Upon arraignment on 2nd June, 2015, he pleaded not guilty to each of the counts. He was ordered to be remanded in prison custody, along

4

with the other co-accused persons. The matter was adjourned to 9/06/15 for hearing of his formal bail application and to 6th and 7th July, 2015 for trial

In a summons for bail dated 01-06-15 but filed on 2nd June, 2015, the Appellant sought for an order of the Lower Court admitting him to bail. The summons was brought pursuant to Sections 35(1) and 36(5) of the 1999 Constitution of the Federal Republic of Nigeria, (as amended) and under the inherent jurisdiction of the Court. It is supported by a 49 paragraph affidavit deposed to by the Appellant himself with some documents attached as Exhibits. There is also an 8 page written address to support the summons. (See page 474 to 481 of the record of appeal). The Respondent filed a 19 paragraph counter affidavit to oppose the bail application. It was deposed to by one Mr. Olapade Adaran and was filed on 8th June, 2015 with a written address of 16 pages, and now contained at pages 487 to 502 of the record of appeal. Further to the main affidavit in support of the summons, learned counsel, on behalf of the Appellant, filed a further affidavit of 7 paragraphs on 9/6/15. It was deposed to by Mr. Olatunde Odejayi,

5