Professor Adenike Grange V. Federal Republic Of Nigeria & Ors. (2009)

LawGlobal-Hub Lead Judgment Report

UWANI ABBA-AJI, J.C.A.

This appeal is against the Ruling of the High Court of the Federal Capital Territory, Abuja, presided over by Hon. Justice Salisu Garba in Charge No: FCT/HC/CR/48/2008 delivered on the 31st July, 2008, wherein the court dismissed the application to quash the charges against the Appellant and the other accused persons.

The Appellant and the 2nd – 11th Respondents were arraigned on 5th April, 2008 on 54 counts charge of conspiracy to commit criminal breach of trust, dishonestly receiving money contrary to Sections 97, 315 and 317 of the Penal Code. The charges arose from the large scale fraud in the Federal Ministry of Health in December, 2007. The Appellant was charged with counts 1,2,3,4,5,6,7,8,9,10,11,12,13,39 and 55 which counts relate to the following offences:-

1) Counts 1 and 55. Conspiracy to do an illegal act.

2) Counts 2,3,4,5,6,7,8,9,10,11,12,13 criminal breach of trust.

3) Count 39. Dishonestly receiving money belonging to the Federal Government.

The Appellant by a motion on notice dated 9th April, 2008, prayed for an Order quashing the indictment contained in the case of all the counts/charges against her and to discharge her on the following grounds:-

1. The offence(s) alleged against the Accused/Applicant is (are) not disclosed by the statement of witnesses list by the prosecution and proof of evidence attached to the charge which formed part of the record of court in this case.
2. No offence committed has been disclosed by the proof of evidence before this Honourable Court against the Accused/Applicant.
3. The proof evidence and the statement of witnesses do not disclose any prima facie case against the Accused/Applicant.

In fact all the Accused persons except the 3rd Respondent herein filed similar applications to quash the charges against them. The learned trial judge considered all the applications together and in a considered ruling delivered on the 31st July, 2008 dismissed all the applications.

The Appellant being dissatisfied with the said Ruling has appealed to this court vide a Notice of Appeal filed on the 21st October, 2008 on four (4) grounds of appeal. The grounds of appeal, shorn of their particulars are hereby reproduced:-

Ground 1

The learned trial judge erred in law in failing to consider the Appellant’s application to quash the charges against the Accused/Appellant separately and distinctively rather than combining it with all the other five applications filed by ten other applicants and delivering the same ruling when the circumstances are different.

Ground 2

The trial court erred in law when it held to the effect that the proof of evidence disclosed a prima facie against the Appellant to warrant her standing trial.

Ground 3