Federal Republic Of Nigeria V. Adamu A. Nuhu & Anor (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABDU ABOKI, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Kaduna State High Court of Justice delivered on 23rd April, 2013 by B.F. Zubairu J.

The facts of the case leading to this appeal are as follows:

The 1st Respondent was the bank manager of the community bank Saminaka in Lere local government area of Kaduna State while the 2nd Respondent was the accountant in the said bank.

It was alleged by the complainant that certain amount of money totaling the sum of N22,717,000.00 were missing in the community bank Saminaka. This led to the Respondents being arrested by the EFCC Abuja. In consequence of the investigation carried out by the said EFCC, the Respondents were arraigned before the trial Court.

The Respondents stood trial on a nineteen counts charge dealing with conspiracy, theft and criminal breach of trust. In his effort to prove the said allegations against the Respondents, the prosecuting counsel called five witnesses and tendered some documents. At the close of the prosecution’s case, the learned counsel appearing for the Respondents made a no case submission. The Appellant’s counsel replied on point of law.

In a considered ruling the trial Court upheld the no case submission and discharge the two accused persons for the failure of the prosecution to establish a prima facie case against any of them.

Peeved by this decision of the trial Court, the Appellant appealed to this Court pursuant to its Notice of Appeal dated 22nd January, 2014, containing four (4) grounds of appeal.

In accordance with the Rules of this Court the parties filed and exchanged their briefs of argument.

In the Appellant’s brief of argument prepared by Steve Adehi Esq. three issues were distilled for the determination of this appeal from the four grounds of appeal raised in its notice of appeal. The issue reads as follows:-

1. “Whether the findings of fact by the learned trial judge were correct and legally sufficient to discharge the accused persons at the stage of no care submission.
2. Whether the ruling of the lower Court can stand in view of its length which occasioned a miscarriage of justice.
3. Whether from the totality of the evidence adduced by the Appellant at the Court below, it was not necessary to call upon the Respondents to offer some explanation by entering their defence.”

The Respondent in their brief prepared by Chief Chris A. Ekhasemomhe Esq distilled a lone issue from the Appellant’s grounds of appeal. The issue is adumbrated as follows;

Whether, in the instant case, the prosecution had made out a case in which the essential elements of each count in the charge have been proved sufficiently against the Respondents by way of credible evidence to warrant their being called upon to enter a defence.?

The lone issue distilled by the Respondents has captured the essence of the dispute between the parties and same shall be adopted in the determination of this appeal.

Learned Appellant’s counsel addressed specific findings of facts by the trial Court which led it to conclude that the Respondents had no case to answer. He referred the Court to the trial Court’s findings at pages 207 to 208, page 209 and page 211 of record. He contended that the findings were not correct and were not legally sufficient to discharge the Respondents at the stage of no case submission. He also referred the Court to pages 56-117 of the record.