Dr. Sani Teidi Shuaibu V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH E. EKANEM, J.C.A. (Delivering the Leading Judgment)

This appeal is against the ruling of the Federal High Court, Abuja Division (Coram Ademola, J.) in Suit No; FHC/ABJ/CR/82/2013 delivered on the 29th November 2013, Wherein the Federal High Court (hereafter called “the lower Court”) refused the application of the appellant for the variation/reduction of the terms of bail imposed on the appellant.

The appellant was arraigned along with eleven others at the lower court on a twenty-count charge alleging various offences which can be grouped as follows;

(i) Conspiracy to obtain money by false pretences and with intent to defraud (contrary to Section 8(a) of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006 and punishable under section 1(3) of the said Act (hereafter called “The Act”)

(ii) Obtaining money by false pretences and with intent to defraud from the Pensions Account, office of the Head of Service of the Federation of Nigeria (Contrary to Section 1(1)(a) of the Act and punishable under section 1(3) of the Act.

(iii) Conspiracy to conduct financial transactions involving various sums of moneys, proceeds of specified unlawful activities with intent to disguise the ownership of the proceeds of the specified unlawful activities (contrary to Section 7(1)(b)(i) of the Act and punishable under Section 7(2)(b)(i) of the Act).

(iv) Conduct of financial transactions involving various sums of moneys, proceeds of specified unlawful activities with the intent to disguise the ownership of the proceeds of specified unlawful activities contrary to Section 7(1)(b)(i) of the Act and punishable under section 7(2)(b)(i) of the Act.

It must be mentioned that the appellant (along with the others) was first arraigned before BELLO J. OF ABUJA DIVISION OF THE FEDERAL HIGH COURT IN CHARGE NO. FHC/ABJ/CR/28/11. He was granted bail in the sum of Ten Million Naira with one surety in the like sum. The charge was withdrawn and struck out on 7th day of June, 2011. He (along with others) was arraigned afresh before Ademola, J. who granted him bail in the following terms;

i. Sum of N500,000,000.00 (Five Hundred Million Naira) with two (2) sureties each in the like sum.

ii. That the sureties must be resident within the jurisdiction of the court and must own landed properties anywhere within the Abuja Division of the Court and the properties must be worth the bail sum:

iii. That the title deeds of the properties must be verified by the Deputy Chief Registrar of the Court before retaining copies.

iv. That the sureties must also swear to affidavit of means to be verified by the Deputy Chief Registrar of the Court.

v. The appellant was to deposit his current international passport with the Deputy Chief Registrar of the court and should not travel abroad without obtaining approval from the court.

Unable to satisfy the conditions of bail, the appellant applied to the lower court by way of motion on notice filed on and dated 4th November, 2013, for a variation of the bail conditions. The court below as earlier stated, refused the application.