Nelson Moore V. Federal Republic Of Nigeria (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSKHARE PEMU, J.C.A (Delivering the Leading Judgment)

This is an interlocutory Appeal against the Ruling of Honourable Justice M. Olokoba of the Ikeja Judicial Division of the High Court of Justice, Lagos State, in Charge No. ID/84C/2005, delivered on the 13th day of August, 2007, whereby he overruled the no case submission and called upon the accused person to enter into his defence.

SYNOPSIS OF THE CASE:

The Appellant was charged before an Ikeja High Court for the offences of Forgery contrary to Section 467 of the Criminal Code, Cap C17 Vol. II Laws of Lagos State of Nigeria 2003 -And Uttering contrary to Section 468 of the Criminal Code C17. Vol. II, Laws of Lagos State of Nigeria 2003.

In proof of its case, the Prosecution called four witnesses, PW1, PW2, PW3 and PW4 respectively.

PW1 is Reuben Omosigho, a Police Officer with the Economic and Financial Crimes Commission, as an Investigator- Pages 9 – 12 of the Record of Appeal.

PW3 is Boniface Uzoechi, also a Police Officer attached to the Office of the Economic and Financial Crimes Commission as an Investigator Pages 12 – 13 of the Record of Appeal.

Both officers investigated the Petition written by the Nigerian Communication Commission and addressed to the Chairman, Economic and Financial Crime Commission and dated 12th June, 2004. (Page 13 of the Record of Appeal).

PW2 and PW4 are not Police Officers.

Various Statements of the Appellant were admitted in evidence. Pages 22 – 27 of the Record of Appeal. Other Exhibits were also tendered and admitted.

At the close of the case for the Prosecution on the 7th of February 2007, learned Counsel for the accused/appellant Mr. Bello informed Court that he intends to make no -case submission, and the Court directed that both learned Counsel for the Prosecution and the accused/appellant file their respective addresses and reply within 14 days. In other words, learned Counsel for the accused/appellant shall file his written address on a no-case submission within 14 days from the 7th of February, 2007, while learned Counsel for the Prosecution shall file a written reply thereto within 14 days from the date of his receipt of the address of learned Counsel for the accused/appellant -Page 19 of the Record of Appeal.

The matter was adjourned to the 12th of March 2007 for the adoption of the written addresses of the respective parties.

Learned Counsel for Appellant/Applicant had sought leave to compile and file a supplementary Record of Appeal on the 9th of November 2010, which application was granted as prayed on the 7th of April 2011, with a deeming order.

However the prayer for an Order Directing the Chief Registrar of the High Court of Lagos State, Lagos or any officer under his command to furnish this Honourable Court with copies of all documentary exhibits tendered during the trial of the charge against the accused/appellant, in the Court below, was withdrawn and same was accordingly struck out on the same date.