Federal Republic Of Nigeria V Nasiru Yahaya (2019)

LAWGLOBAL HUB Lead Judgment Report

IBRAHIM TANKO MUHAMMAD, J.S.C.

The respondent, herein, was the accused person (defendant) at the High Court of Justice, Zamfara State, holden at Gusau Judicial Division (“trial Court” herein).

The appellant herein, as complainant at the trial Court, was the Federal Republic of Nigeria which was represented by the prosecution.

The prosecution filed at the trial Court, a charge of criminal misappropriation against the respondent which reads as follows:

“That you Nasiru Yahaya between 27th April, 2011 and 21st May, 2011 at Gusau within jurisdiction of the High Court of Zamfara State, dishonestly converted to your own use the sum of N64,800,000.00 (Sixty-Four Million, Eight Hundred Thousand Naira only) belonging to one Alhaji Musa Baba and that you thereby committed an offence contrary to Section 308 and punishable under Section 309 of the Penal Code.”

The respondent was duly arraigned and he pleaded “not guilty” to the charge.

The appellant called four (4) witnesses and tendered five (5) exhibits in proof of the offence. The respondent testified in his own defence. He called no witness and tendered no exhibits.

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At the end of trial, the learned trial judge made a finding that the prosecution had failed to establish a case of criminal misappropriation under Section 308 and punishable by Section 309 of the Penal Code. He, accordingly, entered a verdict of discharge and acquittal in favour of the respondent.

On appeal to the Sokoto Division of the Court of Appeal (Court below) by the appellant, the Court below, after review of the whole case, made a comparative analysis of the evidence placed before the learned trial judge and depicted some conflicts and contradictions, especially in the evidence of PW1 and that of the accused/respondent. It allowed the appeal in part. It set aside the judgment of the trial Court and ordered for a retrial of the case.

Dissatisfied with the decision of the Court below, the appellant appealed further, to this Court, on six (6) grounds of appeal as set out in its Notice of Appeal dated 14th July, 2014 and filed at the Registry of the Court below on the 15th of July, 2014 (pp. 179 -184 of the Record of Appeal).

Having settled their briefs of arguments including appellant’s

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reply brief, in accordance with the Rules of Court, each of the parties formulated its/his respective issues for determination by this Court. Below are the issues of the appellant (page 5 of its brief):