Afolabi Olufemi Johnson V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ALI ABUBAKAR BABANDI GUMEL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the ruling of the Federal High Court, Ibadan Division delivered on 15th June, 2015 in charge No.FHC/IB/36C/2015.

The Appellant was arraigned on a 5 count charge along with 5 other persons for a variety of offences. The 5 count charge is:-

“COUNT 1

That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA and FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan within the jurisdiction of this Honorable Court, have by virtue of abuse of your office, being employees of Central Bank of Nigeria, contributed to the economic adversity of the Federal Republic of Nigeria when you destroyed a box marked ?Counted Audited Dirty? filled with Newspapers in place of a box containing N10,000,000 (Ten Million Naira) of N1,000 denomination and which activity led to the increase of money in circulation which the briquetting exercise of Central Bank of Nigeria was intended to control and you thereby committed an offence punishable under Section 1(2) and Section

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10(1) of the Recovery of Public Property (Special Provision) Act, Cap. R4 Laws of the Federation of Nigeria, 2004.

COUNT 2

That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA and FATAI ADEDOKUN YUSUF on about 5th August, 2014 in Ibadan within the Jurisdiction of this Honorable Court, engaged in corrupt practices when you replaced the content of a box of N1,000 notes denomination in a total sum of N10,000,000 (Ten Million Naira) marked as ?Counted Audited Dirty? meant for briquetting with Newspapers and which sum you converted to your own use and you thereby committed an offence punishable under Section 1(2) and Section 10(1) of the Recovery of Public Property (Special Provision) Act, Cap. R4 Laws of the Federation of Nigeria, 2004.

COUNT 3

That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA AND FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honorable Court being employees of Central Bank of Nigeria, owned asset, to wit: the sum of N10,000,000 (Ten

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Million Naira) being money you took from a box marked ?Counted Audited Dirty? which was meant for briquetting and which you replaced with Newspapers and used for personal purpose which asset is in excess of your legitimate, known and provable income and assets and you thereby committed an offence under Section 7(2) of the Bank Employees etc. (Declaration of Assets) Act. Cap. B1 Laws of the Federation of Nigeria, 2004.

COUNT 4