Peter Nosa Iyen V. Federal Republic of Nigeria (2009)

LawGlobal-Hub Lead Judgment Report

ISA AYO SALAMI, OFR

The respondent pursuant to section 174(1) of the Constitution of Federal Republic of Nigeria, 1999 and section 13(2) of the Economic and Financial Crimes Commission (Establishment) Act [No. I of 2004] filed a five count charge against the appellant. The appellant brought a summon to be admitted to bail as well as an application for an order quashing the charge preferred against him.

Learned counsel for both parties, elaborately and strenuously canvassed their argument for and against the application. Learned trial judge delivered a reserved but not well considered judgment. The short judgment reads as follows –

“By Motion of Notice brought pursuant to section 36 of the 1999 Constitution the accused applicant PETER NOSA IYEN, is praying this court for:

1. AN ORDER quashing the charge preferred against the applicant in this matter.
2. AND such further or other orders as the court may deem fit.

The applicant gave the grounds upon which the application is brought as:

1. The statement of witnesses or proof of evidence filed in court does not disclose the offence alleged against the applicant.
2. The charge is an abuse of process of this court.

The application is supported by five paragraph affidavit sworn to by Victor Edem.

The Respondent filed counter affidavit in opposition sworn to by Inspector James Buzugbe, operative of the Economic and Financial Crimes Commission.

Chief Afekoro learned counsel for the accused applicant made elaborate submission and urged the court to dismiss the charge against the accused person. Mr. M. Olatule learned counsel for the

prosecution addressed the court in opposition of the application.

Upon careful consideration of the submissions, I think it is improper to grant the application, on the basis of the proof of evidence before the court.

Application to quash charge against the accused person lacks merit and I hereby dismiss same and order that the trial of the accused be commenced immediately.

T.ABUBAKAR

JUDGE”

(underlining mine)