John Babani Elias V. Federal Republic Of Nigeria & Anor (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment)

The Appellant herein was re-arraigned before the Federal High Court sitting in Yola on 19th May, 2015 on an Amended Charge No. FHC/YL/10C/2013 for the offence of intent to defraud the Government of Adamawa State punishable under Sections 1(2) (b) and 3(2) of the Miscellaneous Offences Act Cap M17 Laws of the Federation of Nigeria, 2004. He was charged along with two others, Mohammed Inuwa Bassi and Al-Akim Investment Nig. Ltd (the 2nd Respondent herein).

After a full-fledged trial, Mohammed Inuwa Bassi, (1st accused person), having been found not guilty, was discharged and acquitted; while the Appellant and the 2nd Respondent (2nd and 3rd accused persons before that Court), were found guilty as charged, convicted and sentenced accordingly.

?A synopsis of the facts of the case before the Lower Court is as follows: The 1st Respondent, through the Economic and Financial Crimes Commission (EFCC), initiated an action vide a twenty-eight count charge against four defendants, namely: Boni Haruna (the former Governor of Adamawa State, Mohammed Inuwa Bassi (a one-time

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Legislative Aide to the former Governor, Boni Haruna, and former Member of the Adamawa State House of Assembly), John Babani Elias (a former Commissioner for Local Government & Chieftaincy Affairs in Adamawa State) and Al-Akim Investment Nig. Ltd (a limited liability company). All the defendants pleaded not guilty to the numerous counts of charge and trial commenced. The 1st defendant, Boni Haruna, was subsequently discharged on a no-case submission, and trial continued in respect of the other three defendants on an amended four count charge. This Appeal is therefore predicated on the outcome of the trial on this amended four count charge.

The Amended Charge read as follows:

AMENDED CHARGE

That you, MOHAMMED INUWA BASSI on or about the 26th of November, 2002 at Yola within the jurisdiction of this Honourable Court did aid JOHN BABANI ELIAS and AL-AKIM INVESTMENT NIGERIA LIMITED to cause the payment of the sum of N31, 500, 000.00 vide a Habib Nigeria Bank Limited draft no: 0873368 dated 26/11/2002 into Guaranty Trust Bank Plc, account no. 3613406139110 operated by BBB PROJECT in your name, monies meant for Adamawa State Local Governments

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joint development project and thereby committed an offence contrary to Section 3(6) of the Miscellaneous Offences Act, Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under Section 1(2) (b) of the same Act.

COUNT 2

That you, MOHAMMED INUWA BASSI on or about the 23RD of January, 2003 at Yola within the jurisdiction of this Honourable Court did aid JOHN BABANI ELIAS and AL-AKIM INVESTMENT NIGERIA LIMITED to cause the payment of the sum of N21, 000, 000.00 vide a Habib Nigeria Bank Limited draft no: 0875930 dated 28/01/2003 into Guaranty Trust Bank Plc, account no. 3613406139110 operated by BBB PROJECT in your name, monies meant for Adamawa State Local Governments joint development project and thereby committed an offence contrary to Section 3(6) of the Miscellaneous Offences Act, Cap M17 Laws of the Federation of Nigeria, 2004 and punishable under Section 1(2) (b) of the same Act.

COUNT 3