Caleb Ojo & Anor. V. Federal Republic Of Nigeria (2008)

LawGlobal-Hub Lead Judgment Report

OMOLEYE, J.C.A.

This is an appeal against the judgment of M. O. Oniyangi, J. of the High Court of the Federal Capital Territory holding at Gwagwalada delivered on 17/3/06.

The appellants as accused persons were arraigned before the trial court on a two count charge of conspiracy and official corruption under section 26(1)(c), punishable under section 9(1) of the Corrupt Practices and Other Related Offences Act, 2000 (hereinafter referred to as the Act). The charge reads thus:

“Count 1

That you Caleb Ojo (M) and Samuel Ojo (M) on or about the 9th day of July 2002, at Abuja in the Abuja Judiciary Division conspired with each other and corruptly gave the sum of N20,000 (twenty thousand naira only) to an official of the Independent Corrupt Practices and Other Related Offences Commission for the said official to issue in the course of his official duty a countermanding letter exonerating the 1st accused from allegations of corrupt practices levelled against him in his capacity as Chairman of Oriade Local Government of Osun State in a petition being investigated by the Commission and you thereby committed an offence contrary to section 26(1)(c) and punishable under section 9(1) of the Corrupt Practices and Other Related Offences Act, 2000.

Count 2

That you Caleb Ojo (M) and Samuel Ojo (M) on or about the 9th day of July 2002, at Rita Lori Hotel, Garki, Abuja in the Abuja Judicial Division did corruptly give as gratification the sum of N20,000 (twenty thousand naira) to an official of the Independent Corrupt Practices and Other Related Offences Commission to issue to 1st accused a letter exonerating him from allegations of corrupt practices levelled against him while serving as the Chairman of Oriade Local Government of Osun State, in a petition under investigation by the Commission and you thereby committed an offence contrary to and punishable under section 9(1) of the Corrupt Practices and Other Related Offences Commission Act, 2000.”

The brief background facts of this case are that the appellants allegedly gave the sum of N20,000.00 as gratification to Ibrahim Pam. (PW3) an Assistant Chief Legal Officer with the Independent Corrupt Practices and Other Related Offences Commission (hereinafter referred to as the Commission) in the course of his official duty for the specific purpose of inducing or influencing him to issue an official letter. The letter was meant to exonerate the 1st appellant from the allegation of corrupt practices against him whilst he served as the Chairman of Oriade Local Government Area in Osun State which allegation was then under investigation by the Commission.

The 1st appellant wanted a second term as Chairman. However, he needed clearance from his party, the Alliance for Democracy, Osun State Chapter, before he could contest. In pursuance of this, the Secretary of the said AD, Osun State Chapter on 14/6/02, wrote a letter, exhibit P7 to the Commission asking for the 1st appellant’s status in respect of the allegation of corrupt practices against him. The Commission’s reply to the letter in exhibit P8. The 1st appellant apparently not satisfied with the real intendment of exhibit P8 instructed his solicitors to contact the Commission and clear the air around his status. The 1st appellant’s solicitors wrote the letter exhibit P11 to the Commission in this regard. It was the letter exhibit P11 that the 1st appellant in company with his elder brother, the 20th appellant took to the Commission’s office in Abuja on 9/7/02.

After delivering the said letter and later that day the 1st and 20th appellants were arrested and subsequently charged with the offences of corrupt conspiracy and the giving of gratification to influence Ibrahim Pam in the matter of the investigation of the 1st appellant.

The appellants were arraigned for trial before the High Court of the Federal Capital Territory sitting at Gwagwalada.

To prove its case, the prosecution now the respondent called five (5) witnesses and tendered thirteen (13) exhibits. At the close of the case for the respondent, the appellants’ counsel made a no case submission. In a considered ruling delivered on 30/10/02, the no case submission was overruled by the learned trial Judge, The appellants appealed against the ruling to the Court of Appeal which upheld the ruling of the trial court. The appellants further appealed to the Supreme Court which equally dismissed the appeal.

Consequently, the appellants testified on their own behalf and called one additional witness in support of their defence. The appellants by an order of the trial court filed and adopted a written address; while the respondent addressed the trial court orally. In a considered judgment, the trial court found the appellants guilty as charged and sentenced them to one (1) year imprisonment on each of the two counts, the sentences were to run concurrently.

Aggrieved and dissatisfied with the said judgment of the trial court, the appellants filed this appeal to this court.