Chidolue Madu & Ors V. Federal Repubic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TIJJANI ABDULLAHI, J.C.A.(Delivering the Leading Judgment)

This is an appeal against the Judgment of the Gombe State High Court of Justice, presided over by Hon. Justice B. L. Iliya delivered on the 4th day of July, 2011.

The 1st Appellant is the owner and managing Director of the 2nd to 4th Appellants, were all charged together and arraigned on a 19 counts charge before the Lower Court on the 8th December, 2009.

The Appellants pleaded not guilty to the charges. See pages 4010 and 125 of the Record of Appeal.

The charges leveled against the Appellants were of conspiracy to and to obtain money by false pretence under Section 1(1), 8(a), 1(3) of the Advance Fee Fraud and Other Fraud Related Offences Act.

The charges of conspiracy formed the subject of counts 1, 3, 5, 7, 9, 11, 13, 15 and 18, while obtaining money by false pretence formed the basis of counts 2, 4, 6, 8, 10, 12, 14, 16, and 17 of the charges.

At the trial, the Respondent (prosecution) called 3 witnesses to prove its case i.e PW1 ?PW3 and tendered 18 Exhibits i.e. 1-14, 17-20. At the close of the prosecution?s case, the Appellants selected to make a no

case submission. Parties exchanged addresses on the no case submission and adopted same on 28th July, 2010. The learned trial Judge in his considered ruling on the 25th October, 2010 dismissed the Appellants? no case submission and they (Appellants) applied to put up their defence. They called 3 witnesses and tendered Exhibits 16, 21 ? 32.

?In a well-considered judgment, the learned trial Judge held inter alia thus:-

?I have given full consideration to all the points raised in allocutus by him, and that there is no evidence of previous conviction by him. The Act provides for not more than 20 years imprisonment and not less than 7 years without option of fine. Considering the plea for leniency, I sentence the 1st accused person to 2 years imprisonment without option of fine. In addition he shall pay the complainant the sum of N2,480,000 as restitution.

The 2nd, 3rd and 4th accused persons are artificial persons in view of that they are to pay fine of N100,000 each?.

Dissatisfied with the Judgment of the trial Court, the Appellants filed Notice of Appeal consisting of three grounds for ease of reference, the grounds are

hereby reproduced hereunder.

GROUND ONE: