Chyfrank Nigeria V. Federal Republic Of Nigeria (2019)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

At the High Court of Lagos State, the appellant and its Managing Director, Frank Amah, were arraigned on a six -count charge for the offences of (a) Conspiracy to obtain money by false pretences; (b) obtaining money by false pretences and (c) stealing.

Following their plea of not guilty, the matter went to trial. The Prosecution called fourteen witnesses. It, also, tendered seven five exhibits. At the close of the Prosecution’s case, the defendants made a No-case submission. On October 14, 2009, the Court (hereinafter, simply, referred to as “the trial Court”), upheld the No Case Submission. Accordingly, the Court acquitted and discharged Mr Amah and the appellant on all the counts.

Dissatisfied with the trial Court’s decision, the respondent appealed to the Court of Appeal, Lagos Division. In its judgement of February 27, 2015, the Court, (hereinafter, simply, referred to as “the lower Court”), first, upheld the trial

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Court’s decision as it relates to the offences of Conspiracy to obtain by false pretences and obtaining by false pretences. It, (the lower Court), however, disagreed with the trial Court on the offence of stealing. It held that a prima facie case of stealing had been established by the respondents against the appellants at the trial Court. In effect, it held that the respondent had established a prima facie case of stealing against the appellants. It remitted the matter to the Chief Judge of Lagos State for re-assignment to another Judge of that Court.

The appellants have, therefore, approached this Court to set aside the decision of the lower Court. Effectively, therefore, this appeal is circumscribed to the lower Court’s decision that relates to the offence of stealing. The appellants submitted four issues for the determination of this appeal. On its part, the respondent formulated only two issues for the determination of this appeal.

On my part, I take the view that, since, as shown above, this appeal is circumscribed to the lower Court’s decision as it relates to the offence of stealing, only issue one is

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determinative of this appeal, that is, whether the lower Court, rightly, found that the respondent had established a prima facie case of stealing against the appellants Before returning to this sole issue, a background to this appeal will not be out of place.

FACTUAL BACKGROUND

Sometime in 2005, Frank Amah, the Managing Director of the appellant, approached Mrs Julie Adinuba, (who later testified as PW8 in the proceedings), to assist with the sale of certain items of property of the Federal Government of Nigeria. These items of property were located at Ikoyi, Lagos State. As proof of authority to sell the said items of property, Frank Amah handed over letters of allocation from the Federal Government Implementation Committee to the PW8.

On her own, the PW8 approached Gordon Omoegbedi, (PW7), to assist with investigation and confirmation of the genuineness of the allocation letters. Incidentally, PW7 is an Estate Surveyor and Valuer. The allocation letters were confirmed to be genuine.

Later, PW8 approached Donatus Duru (the complainant who