Alhaji Mohammed Kabir Mamman V. Federal Republic Of Nigeria (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

OYEBISI F. OMOLEYE, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Failed Bank Tribunal, Benin Zone per C.A.R. Momoh J. delivered on 11th December, 1998.

The brief background facts of this matter are that, among others, the Appellant was charged with the following counts vide the Amended Charges VIZ:-

Count 1: That you, Alhaji Mohammed Kabir Mamman (m) and Alhaji Abubakar Mohammed (m) between the 25th day of November, 1993 and 3rd day of December, 1993 at Kano within the jurisdiction of the Failed Bank (Recovery of Debts) and Financial Malpractices in Banks Tribunal, while acting as Manager/Head, Customer Services and Customer respectively of Allied Bank of Nigeria Plc., Kano Main branch, conspired with one another to commit a felony to wit stealing various sums of money totaling N61,075,000.00 (Sixty One Minion, Seventy Five Thousand Naira), property of Allied Bank of Nigeria Plc, and thereby committed an offence contrary to Section 516 of the Criminal Code Act Cap 77, Laws of the Federation of Nigeria.

Count 9: That you, Alhaji Mohammed Kabir Mamman (m) between the 25th day of November, 1993 and 3rd of December, 1993 at Kano within the jurisdiction of this Tribunal, whilst being Relief Manager of Allied Bank of Nigeria Plc., Kano branch, granted unauthorized advances or credit facilities totaling N61,075,000.00 (Sixty One Million, Seventy Five Thousand Naira) to your Customer, one Alhaji Ibrahim Mohammed (m), in violation of the Rules and Regulations of the Bank and thereby committed an offence Contrary to Section 18(1)(b) of the Banks and Other Financial Institutions Decree No.25 of 1991.

Count 10: That you, Alhaji Mohammed Kabir Mamman (m) between the 25th day of November, 1993 and 3rd of December, 1993 at Kano within the jurisdiction of this Tribunal, whilst being Relief Manager of Allied Bank of Nigeria Plc., Kano main branch granted unauthorized advances or credit facilities totaling N61,075,000.00 (Sixty One Million Seventy Five Thousand Naira) to your Customer, one Alhaji Ibrahim Mohammed (m) without adequate security in Contravention of Rules and Regulations of the Bank thereby committed an offence contrary to Section 18(1) (b) of the Banks and Other Financial Institutions Decree No. 25 of 1991.

Count 11: That you, Alhaji Mohammed Kabir Mamman (m) between the 25th day of November, 1993 and 3rd of December,1993 at Kano within the jurisdiction of this Tribunal, whilst being Relief Manager of Allied Bank of Nigeria Plc, Kano main branch failed to take reasonable steps to secure compliance by your employers, Allied Bank of Nigeria Plc., with the requirements of Section 20 (1)(a)of the Banks and Other Financial Institutions Decree No. 25 of 1991 in that Allied Bank of Nigeria Plc., without the prior approval in writing of the Central Bank of Nigeria granted credit facilities or advances of N67,316,948,00 (Sixty Seven Million, Three Hundred and Sixteen Thousand, Nine Hundred and Forty Eight Naira) to your Customer Alhaji Ibrahim Abubakar Mohammed which total value is more than twenty percent of the shareholder’s fund unimpaired by losses and thereby Committed an offence contrary to Section 46 of the Banks and Other Financial Institutions Decree 1991.

Count 12: That you, Alhaji Mohammed Kabir Mamman (m) between the 25th day of November, 1993 and 3rd of December, 1993 at Kano within the jurisdiction of this Tribunal, whilst being Relief Manager of Allied Bank of Nigeria Plc., Kano main branch with intent to defraud, falsely retained and suspended various dud cheques issued by one Alhaji Ibrahim Abubakar Mohammed, a Customer of Allied Bank of Nigeria Plc., Kano main branch in the Bank’s “Cheques Retained Overnight Account” and I thereby committed an offence contrary to Section 435 (2)(a) of the Criminal Code Act Cap 77, Laws of the Federation of Nigeria, 1990. (The underlined, is for emphasis).

See the amended charge contained in pages 4 to 7 of the record of appeal.

At trial, the prosecution in the bid to prove its case called six witnesses. The Appellant gave evidence in his defence but he did not call any witness. Several exhibits were tendered in evidence, and these are marked exhibits FBI – FB90. The Tribunal in its considered judgment discharged the Appellant on counts 1, 10 and 12; but convicted him on counts 9 and 11. He was dissatisfied with the said judgment, hence, by the order of this Court made on 28th September, 2006, he appealed against it. The notice and grounds of appeal is dated 28th June, 2006 and it contains four grounds of appeal. For easy reference, the five grounds of appeal are hereunder reproduced with their particulars thus:

GROUND ONE

The trial Tribunal erred in law when it convicted the accused Appellant on counts 9 and 11 of the charge on the uncorroborated evidence of a tainted and biased witness.

PARTICULARS OF ERROR

(1) The PW4 who testified against the appellant was the substantive Manager who came to take over from the accused person.