Mahmoud Aliyu v. Federal Republic Of Nigeria (2025)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PETER CHUDI OBIORAH, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Federal High Court, Abuja delivered by Honourable Justice Ijeoma L. Ojukwu on the 8th day of October, 2020 whereby the appellant was charged on one count with an offence that while in the employment of the Federal Housing Authority, Abuja did receive the sum of $10,000.00 (Ten thousand U. S. dollars) at that material time being part of the amount paid for the sale of No. 3 (IH) 2 Road, Lugbe Estate, Abuja and thereby committed an offence contrary to section 22(1) and punishable under section 30(2) (1)a of the Foreign Exchange (Monitoring and Miscellaneous Provisions) Act, Cap F34, Laws of the Federation 2004.

The appellant was a staff of the Federal Housing Authority and the appellant allegedly acting as agent of one Major Sanusi Nasir Muazu sold a three bedrooms apartment at Lugbe Estate, Abuja to one Mrs. Hafsat Hamza Al-Mustapha.

The case of the prosecution is that the appellant received the sum of $10,000.00 (Ten Thousand U.S. Dollars) in cash and another sum of N600,000.00 as payment for the sale of a built-up house described and known as No. 3 (1H) 2 Road, Federal Housing Estate Lugbe, Abuja from Ezekiel Best who made the payment on behalf of Mrs. Hafsat Hamza Al-Mustapha.

The purchaser of the property was let into possession and occupation of the house but was later ejected from the house by the Federal Housing Authority on the grounds that the alleged vendor, Major Sanusi Muazu, was not the owner of the property.

This action propelled the buyer Hafsat Hamza Al-Mustapha to petition the ICPC which after investigation arraigned the appellant before the lower court. The appellant pleaded not guilty to the one count charge thereby paving way for the trial.

The prosecution at the trial of the appellant called two witnesses, namely Ezekiel Best (PW1) and Kemi Bamigbe (PW2).

The prosecution tendered two exhibits in the course of the trial. Exhibit 1 is an acknowledgement receipt for the sum $10,000.00 made by the appellant and exhibit 2 is the extra-judicial statement of the appellant.

In the course of cross-examination of PW2, the defence applied and tendered a counter affidavit and attached petition to ICPC filed in suit No. FCT/HC/CV/61/18 and the lower court admitted the process as exhibit 3.

At the close of the prosecution’s case, the appellant made a no-case submission which the lower court dismissed.

Thereafter, the appellant entered his defence where he testified as DW1 and called one Hauwa Zannah Umar as DW2. The defence tendered exhibit 4 which is the photocopy of the Deed of Assignment between Major Sanusi Nasiri Muazu and Miss Mimie H.M. in respect of House No.3 (1 H) 2 Road, Lugbe Estate Abuja.

At the conclusion of the trial, the lower court found the appellant guilty of the charge and sentenced him to 12 months imprisonment or to a fine of N1,000,000.00 only.

Being completely dissatisfied and vexed with the judgment of the lower court which convicted and sentenced him, the appellant has approached this court for possible redress based on two (2) grounds of appeal contained in the extant notice of appeal filed on 3/12/2020. The record of appeal was transmitted on 15/12/2020. The appellant’s brief of argument was filed on 6/8/2021 and was deemed properly filed on 18/11/2024.

The respondent’s brief of argument was filed on 8/12/2023 and deemed properly filed on 18/11/2024. At the hearing of the appeal on 18/11/2024, the brief of the appellant was adopted by S. I. Imokhe, Esq., while that of the respondent was adopted by Dr. Osuobeni Akponimisingha paving the way for this judgment.