George Ikpekhia V. Federal Republic Of Nigeria & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SAMUEL CHUKWUDUMEBI OSEJI, J.C.A. (Delivering the Leading Judgment)

The Appellant herein together with some other persons were arraigned before the Federal High Court, Lagos Division, and Presided over by IDRIS J. on the 1st day of March 2012 on a three count charge which read as follows:-

CHARGE NO. FHC/L/386C/2009

BETWEEN:

FEDERAL REPUBLIC OF NIGERIA – Complainant

AND

1. Emirates Airlines – Accused Persons
2. Pathfinder International Ltd
3. Nigerian Aviation Handing Company Plc
4. Abayomi Adekanbi Abiola
5. Isiaka Adegoke Adedji
6. Awonnubi Abayomi
7. Jennifer Abayomi
8. Obinnna Onyeukwu Onyenso
9. Mohammed Yousouf
10. George Ikpekhia
11. Haffeez Azeem

COUNT 1

That you Emirates Airlines Pathfinder International Ltd, Nigerian Aviation Handling Company Plc, Abayomi Adekanbi Abiola ‘m’, lsiaka Adegoke Adedji ‘m’, Awonubi Abayomi ‘m’, Jennifer Eze ‘f’ Obinna Onyeukwu Onyenso ‘m’, Mohammed yousouf ‘m’, George Ikpekhia ‘m’ and Hafeez Azeem ‘m’ on or about the 19th December 2007 at Murtala Mohammed International Airport Ikeja, Lagos within the jurisdiction of this Honourable court conspired among yourselves to commit felony to wit: stealing four bags with tag numbers EK 429682, EK 428683 E650152 and EK 650101 tagged by you upon collection from one prince Chu Ikem Orji (one of which contains the sum of $1,630,000.00 (One Million six Hundred and Thirty US Dollars) and thereby committed an offence punishable under s.516 of the Criminal Code Cap C38 Laws of the Federation of Nigeria 2004.

COUNT 2

That you Emirates Airlines, Pathfinder International Ltd, Nigeria Aviation Handling Company Plc, Abayomi Adekanbi Abiola ‘m’, Isiaka Adegoke Adedji ‘m’, Awonubi Abayomi ‘m’, Jennifer Eze ‘f’ Obinna Onyeukwu Onyenso ‘m’, Mohammed Yousouf ‘m’, George Ikpekhia ‘m’ and Hafeez Azeem ‘m’ on or about the 19th December 2007 at Murtala Mohammed International Airport Ikeja Lagos within the jurisdiction of this Honourable Court stole 4 bags with tag numbers EK 428582, EK 428689, EK 650162 AND EK 650151 (one of which contains the sum of 51,530,000.00 (One Million Six Hundred and Thirty US Dollars) property of one Prince Chu Ikem Orji which you tagged and collected from him and you thereby committed an offence punishable under S. 390(9) of the Criminal Code Cap C38 laws of the Federation of Nigeria 2004.

COUNT 3

That you Emirate Airlines, Pathfinder International Ltd, Nigerian Aviation Handling Company Plc, Abayomi Adekanbi Abiola ‘m’, Isiaka Adegoke ‘m’, Awonubi Abayomi ‘m’, Jennifer Eze ‘f’ Obinna Onyeukwu Onyenso ‘m’, Mohammed Yousouf ‘m’, George Ikpekhia ‘m’, and Hafeez Azeem ‘m’ on or about the 19th December 2007 at Murtala Mohammed International Airport Ikeja Lagos within the jurisdiction of this Honourable court conspired to defraud one Prince Chu Ikem Orji of his bags, which you tagged as No EK428682, EK428683, EK 650152 and EK 650162 (one of which contains the sum of $1,530,000.00) and which you collected for onward delivery to him at Guangzhou China and you thereby committed an offences punishable under S.422 of the Criminal Code Cap C38 Laws of the Federation of Nigeria 2004.”

Attached to the charge sheet are the list of witnesses for the prosecution and the proof of evidence. Upon receipt of the said charge sheet together with the proof of evidence, the Appellant herein, filed a motion on notice dated 21-6-2012 praying the lower court for the following reliefs:-

(1) An order quashing the charges herein for not disclosing a prima facie case against the 1st, 4th, 5th,9th and 11th Accused persons and for constituting on abuse of court process.