Federal Republic Of Nigeria v. Slok Nigeria Limited & Ors (2024)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (Delivering the leading judgment)

This is an appeal against the judgment of the Federal High Court, Abuja Division delivered on the 29th September, 2021 by Ekwo, J.

The respondents were charged before the Federal High Court presided over by Hon. Justice M. B. Idris, J. as he then was.

In the course of the trial his lordship was elevated to the Court of Appeal upon which the President of the Court of Appeal acting pursuant to the provisions of section 396 (7) of the Administration of Criminal Justice Act, 2015, issued a fiat to Hon. Justice Idris to conclude the said trial.

Trial was concluded and the respondents were convicted and sentenced accordingly. The 2nd respondent was serving his sentence when the Supreme Court allowed the appeal of the 3rd respondent.

The apex court nullified the fiat granted by the Hon. President of the Court of Appeal to Hon. Justice M.B. Idris to conduct the said trial and proceeded to set aside all steps taken pursuant to the said fiat including the trial sentence and conviction of the 3rd respondent. The case was then remitted to the Chief Judge of the Federal High Court for reassignment to another Judge of the said court for trial de novo.

The counsel for the 2nd respondent thereafter met with the learned counsel which represented the appellant at the trial and upon a common understanding that the pronouncements of the Supreme Court on the appeal of the 3rd respondent had fundamental implications for the trial, conviction and sentence of the 2nd respondent, the learned counsel for the 2nd respondent applied to the Federal High Court for the trial, conviction and sentence of the 1st and 2nd respondents to be set aside as well.

The reliefs sought were granted upon which the 2nd respondent was released from custody. Thereafter, the appellant tried to re-arraign the respondents for their trial to begin de novo.

The 1st respondent took exception to this step and filed processes for issuance of an order of prohibition against the appellant substantially on the basis that it had been previously tried and convicted for the same offence.

Understandably, the application was supported by the 2nd and 3rd respondents while it was vigorously contested by the appellant.

In a considered judgment delivered as aforesaid by the learned trial Judge on the 29th September, 2021, the application was found meritorious and the reliefs sought by the appellant was granted.

Dissatisfied, the appellant invoked the appellate jurisdiction of this court vide the notice of appeal filed on the 11th October, 2021 containing nine grounds.

At the hearing of the appeal, all the learned senior counsel for the respondents filed separate preliminary objections. I will take the three objections together.

The preliminary objection of the 1st respondent argued by Chief Uche, SAN was filed on the 15th July, 2022 and seeks that the appeal be struck out for being incompetent on the following grounds: