Fred Chijindu Ajudua V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A.(Delivering The Leading Judgment)

This is an appeal against the Ruling of Honourable Justice O.A. Ipaye of the High Court of Lagos State holden at Ikeja, delivered on the 9th of May 2014, in Charge No ID/354C/2011.

In the Judgment, the learned trial Judge dismissed the Appellant’s motion on notice filed on the 31st of March 2014, in which he prayed the lower Court for an order permitting the Appellant to make his extra-judicial statement in response to the allegations against the Appellant, in Charge No. ID/354C/2013, and have the statement part of the proof of evidence before the lower Court.

SYNOPSIS OF FACTS

The Respondent had filed a fourteen counts information against the Appellant. It is dated 14th October 2013 – pages 1-12 of the Record of Appeal.

The charges ranged from conspiracy to the offences of obtaining money by false pretences, contrary to Sections 8(a) and 1(3) of the Advanced Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999, and Section 1(3) of the Advanced Fee Fraud and Other Fraud Related Offences Act No. 13 of 1995 as amended by Act No. 62 of 1999 respectively.

One General Ishaya Bamaiyi (Rtd.) had hitherto addressed a petition dated 10th June 2006 against the Appellant to the Chairman of the Economic and Financial Crimes Commission.

The information filed against the Appellant at the lower Court Registry did not however include the statement made by him. This is because the Appellant had not made his statement at the time the information was filed, because he refused to on three occasions.

The Appellant had refused to make a statement to the operatives of the E.F.C.C until he had been brought face to face with Lt. General Ishaya Bamaiyi (Rtd.), a request which the operatives of the E.F.C.C. denied him.

However despite this, the Respondent went ahead to file the information, saying that the Appellant had unconditionally refused to make his statement in the course of investigation.

It is instructive to note that the Appellant had pleaded not guilty to all the counts in the information filed against him during arraignment before the lower Court.

On the 31st of March 2014, the Appellant filed a notion on notice praying the lower Court for the following:

(i) AN ORDER for leave permitting the Defendant/Applicant to make Statement/Extra judicial statement under caution and same to be included in the Proof of Evidence herein.

(ii) AN ORDER compelling and directing the Respondent to list and include the Defendant/Applicant’s Extra-Judicial statement as part and parcel of the Proof of Evidence in this charge.