Dele Fagoriola V. Federal Republic Of Nigeria (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

GEORGE OLADEINDE SHOREMI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the refusal of the lower court to grant the application made on behalf of the Appellant by his Counsel for a no-case submission after the close of the case for the prosecution.

The Appellant, Chairman of Akure North Local Government Ondo State was arraigned and being tried at the High Court of Justice Akure, Ondo State on a 9 count charge of conferring corrupt advantage upon himself and his wife by approving and receiving various sums of money from the Local Government for conferences, seminars and workshops which the prosecution claimed the Appellant did not attend and to which his wife was not entitled.

The charge was brought under S.19 of the Corrupt Practices and Other Related Offences Act 2000 against the Appellant by the Independent Corrupt Practices and Other Related Offences Commission I.C.P.C. following the petition it purportedly received from the State Security Services S.S.S allegedly based on the Audit Report of the Local Government Finances between June 2003 and 2004.

The Respondent called 8 witnesses and tendered many documents while some documents Exhibits Z12-18 were tendered by the Appellant through the prosecution witness No.8 during cross-examination recognizing the position of Chairperson in the Local Government and its entitlement to certain benefits.

At the conclusion and close of the case for the prosecution, the Appellant through his counsel made a no-case submission pursuant to S.286 of the Criminal Procedure Law Cap C31 Laws of Ondo State of Nigeria 1978, on the ground that the prosecution failed to establish the essential elements of the offence as contained in S.19 of the Corrupt Practices And Other Related Offences Act, Cap 31 Laws of Federation of Nigeria 2004.

In its well considered ruling delivered on 10/5/07 the learned trial Judge overruled the no-case submission and called on the Appellant to open his defence. Instead, the Appellant, having being dissatisfied with the said ruling lodged an appeal against the said ruling on two grounds of appeal in that the prosecution failed to establish the essential ingredient of the offence for which the Appellant is being charged.

The Appellant filed two grounds of appeal stated as follows with particulars:

Ground 1 The trial Judge erred in law when he held inter alia

“The accused must explain in defence of his position. I hold that the accused has a case to answer for this I now call upon him to enter upon his defence”

When the essential ingredients of the offence the Appellant is charged with under S. 19 of the Corrupt Practices and Other Related Offences Act 2000 had not been established by the prosecution.

The learned trial Judge erred in law when in the Ruling on no case submission he made observation on the facts of the case thereby fettering him discretion. Parties in this court exchange briefs of argument when the case came up for hearing on. 18/2/10 Mr. Kolawale of counsel to the Appellant referred to his brief dated 2/7/07 filed on 4/7/07 and his reply brief dated 9/6/08 filed on 12/6/08. He adopted the brief as his argument in favour of the appeal and he urged the court to allow the appeal and discharge the Appellant.

Sanusi Kado Esq., counsel to the Respondent adopted and relied on his Respondent’s brief dated 4/10/07 filed on 9/10/07 but deemed properly filed and served on 28/5/08 and he urged the court to dismiss the appeal of the Appellant and order the Appellant to open his defence in the lower court.

The Appellant in his brief distilled two issues thus: