Federal Republic Of Nigeria V. James Onanefe Ibori & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

The instant appeal is a fall-out of the decision of the Federal High Court, Asaba, Delta State, which was delivered on December 17, 2009 in Suit No.FHC/ASB/1C/2009. By the decision in question, the Lower Court, Coram Awokulehin, J; quashed the 170 count charge filed by the Appellant against the Respondents.

Consequent upon which, the Lower Court discharged and acquitted the Respondents. Not unnaturally, the Appellant was dissatisfied with the said decision of the Lower Court, thus filed the present appeal.

BACKGROUND FACTS:

The genesis of the present appeal is traceable to 13/12/07. That was the day the Respondents were initially jointly arraigned before the court below, sitting at Kaduna Judicial Division, upon a 103 count charge. However, the Respondents objected to the jurisdiction of the Lower Court to try them upon the count charge in question. By the considered ruling thereof, the Lower Court, Coram Shuaibu, J; (as he then was), declined to transfer the case to the Asaba Judicial Division of the Lower Court, where the offences were alleged to have been committed by the Respondents.

Dissatisfied with the said ruling, the Respondents appealed to the Kaduna Division of this court. At the conclusion of the hearing thereof, this court allowed the appeal, and accordingly made an order transferring the criminal trial from Kaduna to Asaba Judicial Division of the Lower Court.

During the pendency of the aforementioned appeal, the Appellant amended the charge from the original 129 counts to 170 counts. Interestingly, however, on 28/07/09, the Respondents filed in the Lower Court a motion on notice seeking the following relief:

Quashing all the 170 counts contained in the document titled Further Amended Charges filed by the prosecution in this matter and terminating the criminal proceedings connected therewith on the following grounds:

(i) None of the counts disclose a prima facie case against any or all of the accused persons.

(ii) The accused persons are not in any way linked to the offence of money laundering as charged by the prosecution.

(iii) Constitutionally, the charges are incompetent as they constitute Delta State business or affairs of State which the Federal Government of Nigeria or any of its agencies such as the EFCC is incompetent to inquire into.

At the end of the hearing of the said motion, the Lower Court, Coram Awokulehin, J; delivered the vexed ruling on 17/12/09, thereby quashing the 170 counts charge, discharging and acquitting the Respondents.

The Appellant’s Notice of Appeal was dated 31/12/09, but filed on 08/01/10. It’s predicated upon 16 grounds. The Appellant’s brief of argument was filed on 22/4/10, but deemed properly filed on 16/6/10. It spans 42 pages. The Respondents’ brief was filed on 29/11/12 by J. B. Daudu, SAN. It spans a total of 40 pages.

At page 5 of the brief thereof, the Appellant raises four issues for determination, viz: