Ibrahim Suleiman v. Economic And Financial Crimes Commission (Effc) & Ors (2025)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

ABUBAKAR SADIQ UMAR, JSC (Delivering the leading judgment)

This is an appeal against the judgment of the Court of Appeal, Jos Judicial Division delivered on the 29th day of June, 2016, which allowed the 1st respondent’s appeal and set aside the decision of the Federal High Court sitting in Jos Plateau State in favour of the appellant.

Background facts

Based on a petition which emanated from the First Inland Bank, (the 3rd respondent at the trial court) against the appellant and the 2nd respondent on an allegation of defrauding the bank of the sum of N400,700,000, (Four hundred million seven hundred thousand naira only), the appellant and the 2nd respondent were arrested and detained by the Plateau State Police Command, which was the 1st respondent at the trial court.

On a further petition, the appellant and the 2nd respondent were handed over to the 1st respondent herein the Economic And Financial Crimes Commission (EFCC). The appellant and the 2nd respondent filed an action for enforcement of their fundamental rights at the Federal High court.

The 1st respondent (EFCC) was served the application for enforcement of fundamental rights on the 12th July, 2007 and the returned date was 19th July, 2007. On the said return date, the 1st respondent (EFCC) sought for an adjournment to file its counter-affidavit to the application for enforcement of fundamental rights. On the next adjourned date of July 24, 2007, though the 1st respondent (EFCC) was absent but hearing did not take place due to a letter of adjournment from the Commissioner of Police, Plateau State which was sued as the 1st respondent at the trial court.

The 1st respondent herein (EFCC) was not notified of the next adjourned date of 1st August, 2007 on which date the trial court heard the matter and granted the appellant’s reliefs against only the 1st respondent herein including an order directing the 1st respondent to release the appellant.

The 1st respondent filed an application before the trial court in which it attached its counter-affidavit proposed to be filed in the matter and prayed the trial court to set aside its judgment on the grounds of not being aware of the adjourned date for hearing.

The trial court heard the application and summarily dismissed same on the ground that the application is misconceived as he is functus officio in the matter. Aggrieved, the 1st respondent filed an appeal before the lower court in which it left out the Commissioner of Police, Plateau State and the First Inland Bank who were joined at the trial court as the 1st and 3rd respondents but only joined the appellant and the 2nd respondent herein as the respondents in its appeal before the lower court.

The appellant raised a preliminary objection to the competence of the appeal on the ground that the 1st respondent left out the First Inland Bank and the Commissioner of Police, Plateau State as parties to the appeal contrary to practice and procedure in initiating appeals.

The lower court overruled the appellant’s objection, allowed the appeal, set aside the decision of the trial court and directed that the appellant be arrested and prosecuted.

The appellant in turn, is dissatisfied and has appealed to this court vide the notice of appeal dated the 11th day of August, 2016 containing ten grounds of appeal.

At the hearing of this appeal on the 12th December, 2024, counsel adopted their respective briefs and urged the court to uphold their respective case in the appeal.

Issues for determination