Igp V. Sonoma (2021)

LAWGLOBAL HUB Lead Judgment Report

MARY UKAEGO PETER-ODILI, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Abuja Division; Coram, Abubakar Datti Yahaya, Regina Obiageli Nwodo and Tinuade Akomolafe-Wilson JJCA, delivered on the 7th day of June, 2013. In its judgment the Court below set aside the conviction and sentence of the appellant by the Federal High Court, Abuja for the offences of conspiracy defrauding of the nominal complainant (Ambassador Edem) and concealment of the sums of money allegedly defrauded.

The appellant (respondent at the lower Court) aggrieved by the decision of the Court below, filed a notice of appeal on 3rd day of July, 2013.

FACTS BRIEFLY STATED

The accused person now respondent with another said to be at large were charged to the Federal High Court, Abuja in Charge No. FHC/ABJ/CR/161/2008 on a fifteen (15) Count charge of conspiracy, which is Count 1, defrauding of the nominal complainant (Ambassador Sam Edem) of various sums of money at different dates under Counts 2-14 and concealment of the sums of money allegedly defrauded of the nominal complainant which is Count 15.

​The respondent and

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one other person who is now at large was arraigned before the Federal High Court, Abuja on a fifteen (15) count charge contained in charge sheet dated and filed on 19/9/2008 for the offences mentioned in the charge.

At the trial, with 12 witnesses testifying for the prosecution and tendering 45 Exhibits, a no case submission was made on behalf of the 1st accused now respondent.

That Trial Court in a considered Ruling delivered on 23rd day of April, 2010 discharged the 1st Accused who is the Accused/Respondent herein on count 1, the count of conspiracy to defraud as well as counts 2-14 which alleged that the 1st Accused/Respondent herein defrauded the nominal complainant of about N800 million.

However, the Trial Court ordered that the 1st Accused/Respondent herein enter a defence on Count 15 relating to concealment of the money allegedly defrauded of the nominal Complainant as charged in counts 2-14.

In his defence, the 1st Accused/Respondent herein called one Eka Uluoma as DW1 and was duly cross-examined by the prosecution.

The 1st Accused/Respondent also testified as DW2 and closed his case on conclusion of his cross-examination by

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