Akpama Uket V. Federal Republic Of Nigeria. (2007)

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BODE RHODES-VIVOUR, J.C.A.

In the High Court of the Federal Capital Territory, holden at Abuja the appellant was charged on a 4-Count information as follows:-

COUNT ONE

That you, Akpama Uket (m) on or about 8th May 2004, at Abuja, did corruptly promise Mr. Ndudin Iruakazi, the sum of N200.000.00 (Two Hundred Thousand Naira) in order to talk to the Director and the Assistant Direct vetting in the Department of State Services so as to assist on Musa Aliyu Yahaya to obtain a clean security clearance for appointment with the Economic And Financial Crimes Commission and you thereby committed an offence contrary to and punishable under section 9 (1) (b) of the Corrupt Practices And Other Related Offences Act 2000.

COUNT TWO

That you, Akpama Uket (m) on or about 8th May 2004, at Abuja, did offer to give the sum of N200,000 (Two Hundred Thousand Naira) as gratification to a public officer namely; Mr. Ndudin lruakazi as an inducement for him to show favour to Musa Aliyu Yahaya by assisting him to obtain a clear security clearance for appointment whenever his name is submitted for vetting to the Department of State Services and you thereby committed on office contrary to and punishable under section 18(d) of the Corrupt Practices And Other Related Offences Act 2000.

COUNT THREE

That you, Akpama Uket (m) and Musa Aliyu Yahaya (m), on or about 13th May 2004, at Abuja conspired with each other to give the sum of N100,000,00 (One Hundred Thousand Naira) to Mr. Adebayo Adele for him to show favour to Musa Aliyu Yahaya by assisting him to obtain a clean security clearances for his appointment with the Economic And Other Financial Crimes Commission, and you thereby committed an offences contrary to section 26 (1) (c) and punishable under section 9(1) of the Corrupt Practices And Other Related Offences Act 2000.

COUNT FOUR

That you, Akpama Uket (m) and Musa Aliyu Yahaya (m), on or about 13th May 2004, at Abuja, did give the sum of N100,000.00 (One Hundred Thousand Naira) to Mr. Adebayo Adele for him to show favour to Musa Aliyu Yahaya by assisting him to obtain a clean security clearance for his appointment whenever his name is submitted by the Economic And Other Financial Crimes Commission, EFCC to the Department of State Services for vetting and you thereby committed an offence contrary to and punishable under section 9(1) of the Corrupt Practices And Other Related Offences Act 2000.

Pursuant to sections 6 and 36 (5) of the Constitution, section 185 of the Criminal Procedure Code and under the inherent jurisdiction of the Court the accused/appellant filed an application to quash the above information on grounds which reads as follows:

(i) The proof of evidence does not disclose any prima-facie case or any case at all against them warranting or requiring them to be called upon to stand trial in respect of the charge/s.

(ii) The proof of evidence does not contain the written Statements of any of the 5 prosecution witnesses intended to be called at the trial of the accused/applicants.

(iii) The entire chargers, if juxtaposed with the proof of Evidence and or the list of witnesses would clearly demonstrate that the arraignment of the accused/applicants based on the said charge/s constitute a gross abuse of court process.