Akingbola Johnson V. Federal Republic Of Nigeria (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JIMI OLUKAYODE BADE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Judgment of the High Court of Justice of the Federal Capitol Territory, Abuja in Charge No: FCT/ABJ/CR/08/03 Federal Republic of Nigeria vs. Akingbola Johnson delivered on the 15th day of May 2006.

The Appellant was charged before the lower Court for official corruption upon three counts reproduced as follows:-

“COUNT ONE

That you Akingbola Johnson (M) between the 3rd and 5th of November 2003, at Utako, Abuja did corruptly ask for the sum of =N=10,000.00 for yourself from Mr. Okwudili Isielu in the discharge of your official duties, in order to admit Messrs Victor Uzor and Chidiebere Nwaogo on bail and you thereby committed an offence contrary to and punishable under Section 8(1)(a), (b), (ii) of the Corrupt Practices And Other Related Offences Act 2000.

COUNT TWO

That you Akingbola Johnson (M) on or about 5th of November 2003 at Utako, Abuja did corruptly received the sum of =N=10,000.00 for yourself from Mr. Okwudili Isielu in the discharge of your official duties, in order to admit Messrs Victor Uzor and Chidiebere Nwaogo on bail and contrary to and punishable under section 8(1)(a), (b), (ii) of the corrupt Practices And other Related offences Act 2000.

IN THE ATTERNATIVE

That you Akingbola Johnson (M) on or about 5th of November 2003, at Utako, Abuja did corruptly receive the sum of =N=10,000.00 for yourself from Mr. Okwudili Isielu in the discharge of your official duties, in settlement of a case of stolen handset and being in possession of Indian hemp under investigation so that it will not go to Court and you thereby committed an offence contrary to and punishable under section 8(1 )(a), (b), (ii) of the corrupt practices And other Related Offences Act 2000.”

In proving the case against the Appellant, the prosecution called 6 witnesses and the Appellant testified in his defence.

At the conclusion of trial, the Appellant was found guilty, convicted and sentenced to two years imprisonment for Counts one and two, both sentences to run concurrently.

The Appellant being dissatisfied with the Judgment now appealed to this Court.

The learned counsel for the Appellant formulated five issues for determination. The issues are set out as follows:-

“(1) whether the learned trial Judge was right suo motu to have raised, considered and held that the Appellant’s defence was on an “illegal premise” on the ground that theft was not compoundable and on that basis discountenanced the Appellant’s defence without affording the Appellant an opportunely of being heard (Ground 6).