TAdaoha Ugo-ngadi V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALINJE, J.S.C.

The Appellant herein and four (4) other accused persons were arraigned before the Lagos State High Court by the Economic and Financial Crimes Commission (EFCC) charged with obtaining properties by false pretences contrary to Section 1 of the Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and conspiracy to forge documents, Forgery, and Uttering of false documents contrary to Sections 516, 467 (3)(c) and 468 respectively of the Criminal Code CAP, C 17 Vol 2 Laws of Lagos State of Nigeria, 2003.

Appellant and the co-accused persons pleaded not guilty to the charge. In order to prove its case, the prosecution called twelve (12) witnesses and tendered seventy-one (71) documents which were admitted in evidence. At the close of the prosecution’s case, a no case submission pursuant to Section 239 of the Administration of Criminal justice, Law of Lagos State was made on behalf of the Appellant, 2nd and 5th accused persons. In the no case submission, the Appellant raised the issue of jurisdiction, contending that the evidence led shows that the charge relates to

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revenue of the Federal Government, Petroleum and Crude oil products as well as admiralty matters, and that by virtue of the provisions of Section 251 of the 1999 Constitution, the High Court of Lagos State has no jurisdiction to entertain the case.

The Respondent filed a counter affidavit accompanied by a written submission. In a reserved and considered ruling delivered on the 10th October, 2014 the trial Court overruled the no case submission and held that a prima facie case was sufficiently disclosed against the appellant. He was therefore called upon to enter his defence.

Dissatisfied with the ruling of the trial Court, the Appellant appealed to the Court of Appeal, Lagos Division. The appeal was heard and in a reserved judgment delivered on the 30th April, 2015 same was dismissed. The Appellant is once again dissatisfied with the decision of the Court of Appeal. Being aggrieved she has brought this appeal. Her notice of appeal dated 27th May, 2015 and filed on the 3rd of June, 2015 contains seven grounds of appeal. Parties filed and exchanged briefs of argument. The Appellant’s brief of argument, settled by Chief Wole Olanipekun SAN is dated and

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filed on the 27th November, 2015, but deemed properly filed on the 28th April, 2016. At page 3 paragraph 3.1 of the said brief of argument, three issues have been formulated for determination of this appeal. I reproduce them hereunder as follows:-

i. Having regard to the Lower Court’s finding that the trial Court breached the principle of fair hearing in striking down Section 19 of the Admiralty Jurisdiction Act (AJA), whether the Lower Court was not in grave error and so acted without jurisdiction when it thereafter failed to set aside the trial Court’s ruling of 10 October, 2014. (Ground 1).

ii. Having regard to the clear provisions of Section 251(1)(a),(g),(n),(s) and (3) of the Constitution, Section 8 (1) of the Federal High Court Act (FHC Act), Sections 1, 2, 19 and 25 of the AJA vis-a-viz the Information preferred against the appellant at the trial Court, as well as the evidence adduced by the prosecution, whether the Lower Court was not in grave error in holding that the trial Court rightly assumed jurisdiction on the Information dated 20 July, 2012. (Grounds 2, 3, 4, 5 and 6).

iii. Whether the Lower Court was not in error when it failed

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to be bound and to follow the decision of the Honourable Court in George vs FRN (2014) 5 NWLR (Pt.1399) 1 and its own decisions in Okey Nwosu vs FRN — Appeal No: CA/L/601/11 delivered on 21 November 2013 and Akingbola vs FRN – Appeal No: CA/L/490/14 delivered on 31 December 2014 (Ground 7).