Federal Republic Of Nigeria V. Alhaji Muhammad Arzika Dakingari (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Lead Ruling)

This is the ruling on the motion on notice filed by the applicant, Federal Republic of Nigeria, praying as follows:-

1. An order granting the applicant extension of time to seek leave to appeal against the judgment of the High Court of Justice Birnin Kebbi, Kebbi State presided over by Honourable Justice Bala Shuaibu made on the 27th day of May 2016 in case No.: KB/HC/15C/2014 between the Federal Republic of Nigeria Vs Alhaji Muhammed Arzika Dakingari and 1 other.

2. An order granting the Applicant leave to appeal against the said judgment.

3. An order enlarging the time within which the applicant can appeal against the said judgment of the High Court of Justice Birnin Kebbi, Kebbi State presided over by Hon. Justice Sabiu Bala Shuaibu made on the 27th day of May 2016 in case No.: KB/HC/15C/2014 between the Federal Republic of Nigeria and Alhaji Muhammed Arzika Dakingari and 1 other.”

The grounds for the application are as follows:-

1. The Respondent and one Musa Yusuf stood trial in this case as the 1st and 2nd accused persons respectively.

2. The trial Court after a full trial delivered its considered judgment on the 27th day of May, 2016 discharging and acquitting the Respondent on all the counts of the charge against him while convicting the said Musa Yusuf on the two counts of the charge against him. The trial Court then adjourned the case to 1st of June 2016 for sentencing of the convict.

3. Mohammed Bello Esq. of the Economic and Financial Crimes Commission (EFCC) represented the Applicant at the trial but could not travel to Kebbi State from Abuja where he is resident for the judgment on the 27th of May, 2016. Consequently, he instructed a counsel in the Commission, A. U Ringim to proceed to Kebbi State for the judgment.

4. The management of the EFCC upon being informed of the judgment and the sentence was dissatisfied with the acquittal of the Respondent, and the sentence imposed on the said Musa Yusuf, and consequently instructed its Legal and Prosecution Department to appeal against both the said acquittal and sentence.

5. The counsel who undertook to prosecute the appeal, while preparing the two notices of appeal against both decisions, due to inadvertence forgot the fact that both decisions were delivered at different dates. Instead he was working with the date of sentence which was 1st June 2016 in mind for both of them. As a result, when the two Notices of Appeal were ready for filing, the filing of the Notice of Appeal against the acquittal of the Respondent was out of time while the one against the sentence was still within time.

6. In consequence, the Applicant duly filed the Notice of Appeal against the sentence, and was left with the only option of filing application for extension of time to file the Notice of appeal.

7. The time within which to appeal against the said judgment acquitting the Respondent has elapsed, and the Applicant requires the leave of this Court to appeal against the said judgment.

Learned Counsel for the applicant supported the application with a 4 paragraph affidavit.