Ibrahim Shehu Shema & Ors V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

SIDI DAUDA BAGE, J.S.C.

We are this morning constituted as a Court to determine preliminary issues, by way of interlocutory appeal, from the judgment of Court of Appeal sitting in Kaduna, dated 12th day September, 2017, which affirmed the decision of the Katsina State High Court delivered on 21st February, 2017, which dismissed the Appellants’ Motion on Notice dated 3rd day of January, 2017 and filed on 4th day of January, 2017 seeking to (i) declare the filing of the charge sheet by EFCC as incompetent on constitutional grounds and (ii) declare as inchoate the entire proceedings as the charge sheet was not accompanied by proof of evidence as known to law thereby dislodging the Appellants’ right to fair hearing as recognised by Section 36(6) (b) of the 1999 Constitution as amended.

The trial Court’s decision refusing and dismissing the Appellants’ application for lack of merit can be found at pages 34 – 47 of the records; while the decision of the lower Court affirming the decision of the trial Court can be found at pages 291 – 340 of the records.

Being dissatisfied with the decision of the lower

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Court, the Appellants filed four separate but identical notices and grounds of Appeal on the 21st of September, 2017 against the judgement in the Registry of Court below containing ten (10) grounds. The identical notices of appeal are contained on pages 341- 404 of the record. The Appellants’ Joint Brief of Argument was subsequently filed on 18th October, 2017 while the Respondent’s Brief is dated 24th October, 2017, and the Appellants’ Joint Reply Brief dated 30th October, 2017.

SUMMARY OF FACTS:

On the 16th December 2016, by a 22-count charge, Appellants were alleged to have committed sundry corruption and financial crime related offences, such as conspiracy, criminal breach of trust, forgery, aiding and abetting contrary to relevant provisions of the Penal Code Law of Katsina State. Consequently, charges were filed against the Accused Persons/Appellants before the Katsina State High Court, pursuant to Section 185 (a) Criminal Procedure Code Law, CAP 37, Laws of Katsina State, 1991 and for offences in the Penal Code.

The charges were filed by the Economic and Financial Crimes Commission (hereinafter called “EFCC”) on the

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authorization of the Hon. Attorney General of Katsina State, upon the issuance of a fiat by the said Hon. Attorney General of Katsina State pursuant to Section 211 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended).

On being served with the charges and prior to arraignment, Appellant filed an application dated 3rd day of January, 2017 and filed on 4th day of January, 2017 as contained at pages 48-90 of the records. The application was seeking to terminate the proceedings on the ground, among others that the EFCC cannot initiate the criminal proceedings against them in the name of the Federal Republic of Nigeria (hereinafter called “F’RN”), and that the EFCC has no power to prosecute a state offences, (even with the fiat of the Attorney General of Katsina State). The Appellants also contended that the prosecution did not furnish them with all the documents necessary for their defence of the case. For these and other reasons, the Appellant challenged the jurisdiction of the trial Court to hear and entertain the charges.

Parts of the reliefs sought in the application forming basis of this appeal, are:

“(1) An order terminating the instant proceedings