Marius Ameh (Asp) V. Federal Republic of Nigeria (2009)

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MARY U. PETER-ODILI, J.C.A.

This is an Appeal against the decision of the High Court of Justice of the Federal Capital Territory, Abuja in Charge No. FCT/ABJ/CR/66/2005 contained in the Judgment of Honourable Justice J. Oniyangi dated on 16th day of January 2007 in which the Appellant as accused was convicted and sentenced on Counts 1 and 2 to two (2) years Imprisonment which conviction and sentence were to run concurrently without an option of a fine.

FACTS:

The Appellant was before now a Police Officer of the Rank of assistant Superintendent to the Criminal Security and Intelligence Bureau, Force Headquarters, Abuja. He was enlisted into the Nigerian Police force on 1st September 1972.

Sometime between April and May 2005, a case of Criminal Conspiracy, theft and receiving of a table drawer belonging to a company known as Chigo International A.C. was assigned to the Appellant for investigation. In the course of that investigation, the Appellant arrested and detained one Sunday Waksu.

The Appellant was arrested by officers of the Independent Practices Commission (ICPC) on an allegation of demanding and receiving the sum of N5, 000.00 gratification for the purpose of releasing the suspect on bail. The Appellant was arraigned before the High Court Abuja on 31st May on a three (3) count charge contrary to Section 8 (i) (A) and punishable under Section 8 (i) (B) (ii) of the Corrupt Practices and Other Related Offences Act 2000. The prosecution called seven (7) witnesses and closed its case. The Appellant gave evidence on his own behalf and did not call any other witness.

At the close of the Appellant’s defence the prosecution sought leave to amend the charges against the accused by adding additional three (3) counts thereby making the charge a six (6) count charge.

The allegations in the amended charge were that Appellant demanded and received gratification to release the suspect on bail and also that he solicited and received the said sum of N5, 000.00 as transportation money to recover exhibits. At the close of the case of the parties, the parties adopted their written addresses on 15th November, 2006 and on 16th January, 2007 the judgment was delivered and the trial judge convicted the Appellant and sentenced him to a term of two years imprisonment on counts 1 and 2. Appellant was discharged on counts 3, 4, 5 and 6.

Being dissatisfied the Appellant filed the Notice of Appeal dated 23rd January 2007 against his conviction and sentence.

On the day of hearing of this appeal, 21st day of May 2009, the Appellant through counsel adopted their Brief filed on 28/11/07 and deemed filed on 7/7/08 and urged the Court to allow the appeal.

The Respondent’s Brief was taken as adopted since counsel was absent even though aware of the date as he was in Court when hearing date was taken.

Their Brief was filed on 19/1/09 and deemed filed on 26/2/09 urging the Court to dismiss the appeal.

The GROUNDS OF APPEAL without the particulars are hereunder stated viz;-

1. GROUND ONE:

The learned trial Judge erred in law in convicting the Appellant for the offences of corruptly asking and receiving gratification when the prosecution failed to prove the guilt of the Appellant beyond reasonable doubt.