Gbenga Ojo v. Federal Republic Of Nigeria (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

UWANI MUSA ABBA AJI, JSC (Delivering the leading judgment)

The appellant, being the Vice Chairman of the Akure North Local Government Council, was made the Chairman of the Planning Committee set up by the then Chairman of Akure North Local Government Council, to organize events for the hosting of the then Governor’s visit to Akure North Local Government Council.

The sum of N1.3 million was officially approved and released to the Committee for that purpose. The charge is that the appellant with the 2nd accused at the trial misappropriated N70,000.00 and N90,000.00 out of the money voted for the official visit of the Governor.

At the end of the trial, he was sentenced to five years imprisonment with an option of N2 million fine on each count. He paid the aggregate sum of N6 million and appealed to the lower court.

The lower court upheld the appellant’s conviction on count one but allowed his appeal on counts two and three, hence this appeal. The appellant has formulated these issues for determination, which were adopted by the respondent:

1. Whether the lower court was not wrong in holding that the appellant did not suffer miscarriage of justice or breach of right to fair hearing or fair trial by the way the learned trial Judge wrote the judgment in this case.
2. Whether the lower court was not wrong to have affirmed the conviction of the appellant on count one of the information in this case.

Issues for determination:

Issue one:

Whether the lower court was not wrong in holding that the appellant did not suffer miscarriage of justice or breach of right to fair hearing or fair trial by the way the learned trial Judge wrote the judgment in this case.

The submission of the learned counsel to the appellant is that the lower court was in error to hold that the erroneous approach of the trial Judge to make damaging conclusion against the appellant before a review of the cases of the parties did not occasion a denial of fair hearing or miscarriage of justice. He cited in support Osuagwu v. The State (2013) All FWLR (Pt. 672) at 1625-1626, Suberu v. State (2010) LPELR-3120 (SC) at 18. He prayed this court to resolve this issue in favour of the appellant.

The learned counsel to the respondent agreeing that there is a recommended style of writing judgment, the individual style of a Judge is not conclusive proof that the judgment is wrong. He submitted that the learned counsel to the appellant was wrong to equate the manner of judgment writing with the premeditation of guilt and lack of fair hearing, in neglect of the weighty evidence by the respondent in proof of its case. What matters is that the prosecution should prove its case beyond reasonable doubt. He relied on Ibeh v. State (2001) 2 ACLR at 386. He asked for the resolution of this issue against the appellant.

Resolution of issue one:

The grouse of the appellant’s learned counsel on the inappropriateness of the style of judgment writing is that the trial Judge at page 128 lines 18-24 “found the appellant guilty on counts two and three of the information… judging from the damaging conclusions made… before a review let alone evaluation of the case of the parties”.

At page 128, the trial Judge began statement or introduction of the facts of the case. Lines 18-24 contained at page 128 is still part of the facts of the case which continued thus:

“The sum of N90,000.00 for the purchase of the Ankara material by the receipt of Mama Twins Boutique was sourced by both accused persons. The said receipt was a blank receipt which was filled by the 2nd accused person. The owner of Mama Twins Boutique denied filling the said receipt or selling the Ankara material as she does not deal in Ankara materials.”