Architect Gabriel Aduku V. Federal Republic Of Nigeria & Ors (2009)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A.

This is an Appeal against the Ruling of the High Court of the Federal Capital Territory, Abuja in Charge Number FCT/HC/CR/48/08 delivered on the 31s1 day of July 2008 wherein the Court dismissed the application to quash the Charges against the Appellant and the other accused persons.

Briefly the facts of the case are that the Appellant together with the other accused persons are facing a total of 54 counts charge at the High Court of the Federal Capital Territory, Abuja. The charges arose from the large scale fraud in the Federal Ministry of Health in December 2007.

As a result of the preferment of this charge the accused persons including the Appellant were arraigned on the 8th day of April 2008. The Appellant pleaded not guilty. Thereafter like the other accused persons except the 3rd accused, the Appellant filed a motion on Notice dated 12th day of April 2008 in which he prayed for the following order:-

“An order striking out or quashing the charges contained in charge No-FCT/HC/CR/48/08 leveled against the 2nd accused on the following grounds:-

(a) A combined reading of the witnesses statements constituting the proof of evidence upon which leave was granted to prefer the aforementioned charges against the Applicant in this case discloses no prima facie case or any case whatsoever to warrant any further trial.

(b) The Applicant has committed no offence known to law. ”

The lower Court was faced with multiple applications to quash the information against all but one of the accused persons.

The prosecution filed a joint written address in respect of the said applications.

The lower Court after hearing the applications dismissed them by a Ruling delivered on the 31st day of July 2008.

Dissatisfied with the said Ruling the Appellant now appealed 10 this Court on three Grounds of appeal as contained in the Notice of appeal dated the 7th day of August 2008 The Learned Senior Counsel for the Appellant formulated three (3) issues for determination as follows:- (1) Whether the Learned trial Judge by lumping up and determining the Appellant’s motion together with the motions filed by the other accused persons adequately considered the legal grounds raised by the Appellant and if not whether the failure to do so occasioned a miscarriage of Justice. (Ground 1).

(2) Whether the Learned trial Judge was right when he held that the Appellant by taking his plea before filing the motion to quash the charge, the motion was belated and incompetent in law (Ground 2).

(3) Whether the proof of evidence disclosed a prima-facie case to warrant the Appellant being put on trial on the fourteen counts charge brought against him (Ground 3).

The Learned Senior Counsel for the 1st Respondent agreed with the issues for determination as formulated by Learned Senior Counsel for the Appellant.