Enwenede Solomon & Anor V. Federal Republic Of Nigeria & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IBRAHIM MOHAMMED MUSA SAULAWA, J.C.A. (Delivering the leading Judgment)

This is an appeal against the Ruling of the High Court of Justice of Delta State, Asaba Judicial Division, which was delivered on February 21, 2012 by G. B. Abiki Okolosi, J. in Charge No. A/ICPC/3C/2010. By the said Ruling, the lower court came to the conclusion thus:

In the final result, after a careful review of all the arguments canvassed for and against the motion on notice and the preliminary objection both seeking to quash this charge on the ground of jurisdiction, I hold that there is no merit in the application and accordingly overrule the objections to the charge. I find and hold that this court, being a designated court to hear corruption cases under S. 61 (3) of the ICPC Act, 2000 has the jurisdiction to try the offences charged.

In consequence, I dismiss the Motion on Notice filed on behalf of the 1st Accused Person/Applicant.

I also overrule the objection taken to the charge by 2nd and 3rd Accused persons/Applicants as I find no merit in the grounds canvassed.

Hon. Justice G. B. Briki-Okolosi

(Judge)

21/2/2012

Thus, the appeal is against the Ruling of the lower court in question. The record of appeal having been compiled and transmitted to this court, the learned counsel endeavoured to file the respective briefs of argument thereof. The Appellants’ brief in particular, was filed on 19/3/13. The 1st Respondent’s brief was filed on 24/4/13. The Appellants’ Reply Brief was equally filed on 20/5/13.

The Appellants’ brief spans a total of 22 pages. At pages 3 – 4 of the said brief thereof, the Appellants have raised the following three issues for determination:

1. Whether the prior leave/consent or direction of the Judge of Delta State is required before the charge with No. A/ICPC/3c/2010 can be preferred against the Appellants? If the answer to the above is in the affirmative whether the letter dated 19/08/2010 with reference No. ICPC/P/SS/459A/2008 pursuant to which the proceeding at the lower court was commenced sufficiently comply with Section 340 (2) (b) of the Delta State Criminal Procedure Laws, Cap C22?

(Grounds 2, and 5 the Grounds of Appeal in the Amended Notice of Appeal dated 11th of March, 2013.

2. If the answer to the above is in the affirmative, whether the objection could be brought after plea has been taken?

(Grounds 3 of the Grounds of Appeal in the Amended Notice of Appeal dated 11th of March, 2013.

3. Whether the lower court had jurisdiction to preside over the charge in view of the fact that the alleged offences took place in the course of an Election and in view of the provisions of Sections 132 (1)(b)(c) and 129 (1)(a) of the Delta State Local Government Law 2004, Cap D27, Laws of Delta State, 2008?

If the answer to the above is in the affirmative, whether the proof of Evidence disclosed a prima facie case against the Appellants?

(Grounds 1 and 4 of the Grounds of Appeal in the Amended Notice of Appeal dated 11th of March, 2013.