Alhassan Suleiman V. Commissioner Of Police Nasarawa State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The Appellant was arraigned before the Lafia Judicial Division of the Federal High Court, holden of Lafia, Nassarawa State with one other person who was described as being at large on a 2 count charge of conspiracy to obtain money by false pretences contrary to S. 8(a) and punishable under S. 1(3) of the Advance Fee Fraud and other Fraud Related Offences Act, 2006. Upon the charge being read to him he pleaded not guilty to each of the count of charge. To prove the guilt of the Appellant, the Respondent called and relied on the evidence of 4 witnesses, while the Appellant gave oral evidence in defence and called no witnesses.

At the end of the evidence of the Appellant, learned counsel for the prosecution Mr. Ezeala addressed the Court and the Court adjourned the matter to later in the day for judgment. In a judgment delivered on 18/06/09, the learned trial judge found the Appellant guilty on each count of charge and proceeded to sentence him to 7 years imprisonment on each count with an order for the sentences to run con-concurrently with effect from the date of the judgment. The learned trial judge went further to order the Appellant to make restitution in favour of the complainant (victim and PW1) in the sum of N1, 300,000 (One Million Three Hundred thousand Naira) pursuant to section 11(1) of the Advanced Fee Fraud and other Fraud Related Offences Act, 2006.

The Appellant was dissatisfied with the judgment and appealed to this court in a notice of appeal dated and filed on 26th July, 2009. This notice of appeal was withdrawn and struck out. Upon being granted extension of time to appeal a notice of appeal was filed on behalf of the Appellant on 14th April, 2010. It is predicated on 9 grounds. They are as follows:-

GROUND ONE: the learned trial judge erred in law when after refusing the application for adjournment made to it by the Appellant’s Counsel failed to afford the Appellant time to retain another Counsel to defend himself.

PARTICULARS OF ERROR

i. The Appellant stood trial in a Federal High Court where cases are conducted on behalf of parties by a trained lawyer.

ii. The Appellant retained a counsel to defend him from the beginning of the trial till prosecution closed his cases on 16th June, 2009.

iii. On the next day 17th June, 2009 when the Appellant defence was to commence, the Appellant Counsel formally wrote for adjournment.

iv. The trial judge in his wisdom refused the application for adjournment and never afforded the Appellant time to retain another Counsel to present his defence.

GROUND TWO: – The learned trial judge erred in law and visited the sin of Counsel on the innocent litigant “the Appellant” when in refusing the adjournment letter wrote by the Appellant’s Counsel he held as follows: “I say no Counsel ought to treat the Court with disdain and yet expect the Court to exercise its discretion in his favour. The word “Imposed” date on Counsel is uncharitable … I call on the Accused to enter his defence” and this occasioned a serious miscarriage of justice.

PARTICULARS OF ERROR

(i) The Appellant no doubt depend on the decision of his Counsel in most cases.

(ii) The decision to write an application of adjournment by Appellant’s Counsel on 17/6/09 is one the Appellant cannot control.