Aviomoh V. C.o.p & Anor (2021)

LAWGLOBAL HUB Lead Judgment Report

HELEN MORONKEJI OGUNWUMIJU, J.S.C.

This is an appeal against the judgment of the Court of Appeal Coram A. D. Yahaya, M.A.A Adumein and T. A Wilson JJCA delivered on 16/5/2014. The Hon Justices of the Court of appeal had upheld that part of the judgment of the High Court of the FCT in its appellate jurisdiction which had upheld the ruling of the trial Chief Magistrates’ Court on the issue of the jurisdiction of the trial Court to entertain the criminal proceeding initiated by a First Information Report at the trial Court against the Appellant. My Lords, it is important to set out the undisputed facts which led to this appeal copiously.

One Mr. Femi Otedola, the Chairman of African Petroleum PLC at every material time to this appeal filed a direct criminal complaint against the Appellant herein, then a Director of Finance in African Petroleum PLC, at the Chief Magistrates’ Court, Wuse Zone II, Abuja, on the 19th day of October, 2010 and same was referred to the Police by the trial Court for investigation.

​The officers of the Inspector General of Police, Special Investigation Unit, Force Headquarters Abuja were directed by the Inspector General of Police to investigate the complaint. At the conclusion of the investigation, the Appellant and the 2nd Respondent were indicted and consequently arraigned before the Hon. Chief Magistrates’ Court Wuse Zone II, Abuja on a First Information Report FIR as a direct criminal complaint.

The Appellant and the 2nd Respondent applied for bail which was granted by the trial Chief Magistrates’ Court and the case was adjourned for hearing.

On the 10th February, 2011 when the case came up for hearing at the trial Chief Magistrates’ Court, the prosecution applied to withdraw the First Information Report earlier filed and to substitute same with a new First Information Report (FIR) which application was granted after argument had been made by both the prosecution and defence counsel and the old First Information Report was struck out.

The new First Information Report was read and explained to the Appellant and the 2nd Respondent as provided in the Criminal Procedure Code. The Appellant and the 2nd Respondent both denied the charges contained in the new First Information Report.

The Appellant and the 2nd Respondent having taken their plea on the new First Information Report (FIR), the Appellant’s counsel Chief Mike Ozekhome, SAN, leading other counsel moved his notice of preliminary objection challenging the jurisdiction of the trial Chief Magistrates’ Court to try the case, the prosecutor Simon Lough Esq., opposed the objection.

In a ruling delivered on 18th March, 2011, the learned trial Chief Magistrate overruled the Appellant’s preliminary objection.

The Appellant and the 2nd respondent being dissatisfied with the decision of the learned trial Chief Magistrates’ Court appealed to the High Court of the FCT Abuja in its Appellate jurisdiction.

The judgment of the High Court of the FCT, Coram: Hon. Justice M. E Anenih and Hon. Justice S. B Belgore delivered on the 24th May, 2012, unanimously dismissed the Appellant’s appeal.

The Appellant appealed to the Court of Appeal, Abuja Division.

In the judgement of the Court of Appeal Coram: Hon. Justice A. D. Yahaya, Hon Justice M.A.A Adumein and Hon. Justice T.A. Wilson JJCA, delivered on the 16th May, 2014, their Lordships unanimously dismissed the Appellant’s appeal. The Appellant has further lodged this appeal to this Court to challenge the judgment of the Court below vide a Notice of appeal dated 15th day of June, 2017 and filed on the s ame day.

The three issues distilled for determination by Chief Mike Ozekome SAN et al in the brief signed by Godwin lyinbor Esq., were adopted by the learned 1st Respondent’s counsel. I will also adopt them for the determination of this appeal. They are set out below: