Ilori Adekunle Sunday V. Federal Republic Of Nigeria (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A.(Delivering the Leading Judgment)

This appeal is against the Ruling of the Federal High Court, Ibadan Division delivered on the 22nd day of May, 2018 in Charge No: FHC/IB/36C/2015.

The facts leading to the arraignment of the Appellant and four other persons in the trial Court was satisfactorily summarized by Learned Senior Advocate for the Respondent in the Respondent?s Brief of Arguments filed on the 3/2/2008 as follows:

The Appellant and four other Defendants being prosecuted before the Federal High Court, Ibadan (the Lower Court) in respect of the Charge from which the instant appeal arose were officials of the Central Bank of Nigeria (CBN) who were saddled with the responsibilities of receiving deposits from Deposit Money Banks (DMB), boxing of currency, making payments for withdrawals by the DMB, classification of cash into Counted Audited Clean (CAC) notes or Counted Audited Dirty (CAD) notes, and eventually, for the coordination of evaluation of mutilated currencies which is known as ?Briquetting Exercise?, at the Ibadan branch of the CBN. The briquetting exercise is the

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process by which Counted Audited Dirty currencies are destroyed so as to enable the CBN control the volume of money in circulation and also maintain accurate data of money supply in the economy.

The Appellant herein was a member of the briquetting panel constituted by the CBN to undertake briquetting exercise between 4th and 8th August, 2014. In the performance of that responsibility, the Appellant conspired with the other Defendants to shred newspapers in place of a box of N1,000.00 Counted Audited Dirty (CAD), thereby increasing the money in circulation and causing inaccurate data of money supply in the Nigerian Economy. After the completion of the fraudulent exercise, and in a bid to cover up the fraud, the Appellant and the other Defendants wrote a report to the management of CBN stating that the exercise went well while omitting to indicate the shredding of newspapers as against currency. The Appellant did not report to the management that what they destroyed at the briquetting exercise were mere newspapers as against mutilated notes which were meant to be removed from circulation.

After investigation by the EFCC and upon being satisfied that a

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prima facie case has been made out against the Appellant and the other Defendants, the commission preferred a 5 ? Count Charge against them on 19th May, 2015. The Defendants were arraigned before the Lower Court in respect of the Charge on 2nd June, 2015. On 12th June, 2017, the prosecution filed an amended charge and the amendment was allowed by the Court on 22nd June, 2017.?

It is necessary to point out that the Appellant was the third (3rd) accused person at the trial. He was arraigned on Counts 1, 2, 3 and 5 of the Amended Charge dated the 12th day of June, 2017. At the trial, the prosecution called twelve (12) witnesses and tendered a number of Exhibits. At the close of the prosecution?s case, the Appellant entered a no case submission. Same was duly argued, and in a Ruling delivered on the 22nd day of May, 2018, the learned trial Judge overruled the Appellant on the no case submission and called on him to enter his defence. Being aggrieved by the said Ruling, the Appellant has filed this appeal.

?The Notice of Appeal which is at pages 690 ? 693 of the Record of Appeal was dated and filed on the 4/7/2018. It consists of

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four (4) Grounds of Appeal. On the 4 Grounds of Appeal, the parties filed and exchanged Briefs of Arguments as required by the Rules of this Court. The Appellant?s Brief of Arguments settled by Dr. Akin Onigbinde, SAN, FCIArb., was dated the 7/11/2018 and filed on the 16/11/2018. Three issues were distilled therein for determination as follows: