Dele Fagoriola V. Federal Republic Of Nigeria (2013)

LAWGLOBAL HUB Lead Judgment Report

MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE, J.S.C.

The appellant, Dele Fagoriola, was arraigned before the High Court of Justice sitting at Akure, Ondo State, on the complaint of the Independent corrupt practices and other Related offences commission (I.C.P.C) on a nine (9) count charge under Section 19 of the Corrupt practices and other Related offences Act 2002, hereinafter called ICPC Act.

The appellant was accused of conferring corrupt advantage upon himself and his wife by collecting and/or approving various sums of money totalling nine hundred and seven thousand four hundred and nine naira (N907, 450) from the coffers of the local Government for the purposes of attending conferences, seminars and workshops but which the appellant did not attend and to which his wife was not entitled as she was not a staff of the Local Government. At the material time, the appellant was the chairman of the Akure North Local Government. At the trial the prosecution called eight (8) witnesses and tendered many documents while some documents, Exhibits Z12 – 18 were tendered by the appellant through the prosecution witness No. 8, during cross examination recognizing the position of the chairperson in the Local Government and its entitlement to certain benefits. At the conclusion of the prosecution’s case, the appellant, through his counsel, made “a no case submission” pursuant to section 296 of the Criminal Procedure Law, Cap 31 of the Laws of Ondo State 1978 on the ground that the prosecution failed to establish the essential ingredients of the offence as contained in section 19 of the I.C.P.C Act, Cap 31 L. F. N. 2004. The trial court in a considered ruling refused “the no case submission”. In its conclusion, the trial court found follows at pages 115 – 118 of the record:-

“it is pertinent at this stage to ask myself a number of questions which I believe will resolve the issue of whether to uphold the no case submission or not. The questions are:-

i. what were the true facts of this matter

ii. Did the accused confer corrupt advantage upon himself and his wife or not

iii. if yes how did he do so

iv. if the answer is in the negative where is the evidence for this court to act upon”

There are other questions submitted in the major question posed above.

There is evidence before this court that the accused person and his wife did not attend some conferences and workshops. There is evidence before this court that some of the conferences and workshops did not hold. I hold without saying more that the accused person must explain and throw light upon the areas which are not clear to the court. The accused must explain in defence of his position. I hold that the accused has a case to answer and for this I now call upon him to enter upon his defence”.

The appellant was aggrieved with the decision of the trial court and as a result appealed to the Court of Appeal, Benin Division, hereinafter called the lower court. On 11th May, 2010 the lower court dismissed the appellant’s appeal. In its conclusion it held as follows:-

“At the stage of no case submission at the close of the prosecution’s case, what is required of a trial court is not to evaluate or attach weight to the evidence led by the prosecution at that stage or to write lengthy judgment. A ruling on a no case submission should be as brief as possible and not in any way go into evaluation of the evidence led. Therefore the issue is not whether the prosecution has proved the charge against the accused beyond reasonable doubt. In the instant case I cannot see how the trial Judge descended (sic) into the arena and expressed any opinion that may fetter his discretion”.

In fact concluded (sic) thus and I quote. At pages 218 – 219 per Shoremi JCA.

“I intend to maintain a clear mind to receive the defence of the accused person and adjudicate on the totality of the evidence in this matter”.