MR. Emenalo Boniface V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MOORE A. A. ADUMEIN, J.C.A. (Delivering the Leading Judgment)

The appellant is the 2nd accused in Charge No. FCT/HC/CR/76/2013 wherein he and one Hon. Farouk M. Lawan are charged in the High Court of the Federal Capital Territory, Abuja with the following offences:

“COUNT ONE

That you Hon. Farouk Lawan (M) and Mr. Emenalo Boniface (M) sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court; did while acting in the course of your official duties as Chairman and Secretary (respectively) of House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime conspired between yourselves and with each other to corruptly obtain the sum of S3,000,000 USD (Three Million US Dollars) for yourselves from Mr. Femi Otedola Chairman Zenon Petroleum and Gas Ltd as inducement to remove the name of Zenon Petroleum and Gas Ltd from the House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime’s Report and did cause the House of Representatives to remove the name of Zenon Petroleum and Gas Ltd from the said list and you thereby committed an offence contrary to section 26(1)(c) of The Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 8(1) the same Act.

COUNT TWO

That you Hon. Farouk Lawan (M) while being a member of the House of Representatives and Chairman of the House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did, while acting in the course of your official duty corruptly asked for the sum of S3,000,000 USD (Three Million US Dollars) for yourself from Mr. Femi Otedola Chairman Zenon Petroleum and Gas Ltd on account of intention to afterwards show favour to the said Mr. Femi Otedola by removing the name of Zenon Petroleum and Gas Ltd from the said Report of the House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime and you thereby committed an offence contrary to section 8(1)(a) of The Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 8(1) the same Act.

COUNT THREE

That you Hon. Farouk Lawan (M) while being a member of the House of Representatives and Chairman of Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did while acting in the course of your official duty corruptly agreed to accept the sum of S3,000,000 USD (Three Million US Dollars) for yourself from Mr. Femi Otedola Chairman Zenon Petroleum and Gas Ltd on account of intention to afterwards show favour to the said Mr. Femi Otedola as an inducement to remove the name of Zenon Petroleum and Gas Ltd from the Report of the Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime and you thereby committed an offence contrary to section 17(1)(a) of The Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 17(1) the same Act.

COUNT FOUR

That you Hon. Farouk Lawan (M) while being a member of the House of Representatives and Chairman of Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did while acting in the course of your official duty corruptly obtain the sum of S500,000 USD (Five Hundred Thousand US Dollars) for yourself from Mr. Femi Otedola Chairman Zenon Petroleum and Gas Ltd as an inducement to remove the name of Zenon Petroleum and Gas Ltd from the Report of the House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime and you thereby committed an offence contrary to section 17(1)(a) of The Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 17(1) the same Act.

COUNT FIVE

That you Mr. Emenalo Boniface (M) while being a Public Officer, An Assistant Director and Secretary of the of the House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did, while acting in the course of your official duty as Secretary of the House of Representatives Ad-Hoc Committees on Monitoring of Fuel Subsidy Regime corruptly asked for the sum of S3,000,000 USD (Three Million US Dollars) for yourself from Mr. Femi Otedola Chairman Zenon Petroleum and Gas Ltd on account of intention of afterwards showing favour to the said Mr. Femi Otedola by removing the name of Zenon Petroleum and Gas Ltd from the said Report of the House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime and you thereby committed an offence contrary to section 8(1)(b)(ii) of The Corrupt Practices and Other Related Offences Act, 2000 and punishable under Section 8(1) the same Act.

COUNT SIX

That you Mr. Emenalo Boniface (M) while being a Public Officer, An Assistant Director and Clerk of the Committee on Education of the House of Representatives sometimes in April 2012 or thereabout at Abuja within the Federal Capital Territory under the jurisdiction of this honourable court did while acting in the course of your official duty as Secretary of the House of Representatives Ad-Hoc Committee on Monitoring of Fuel Subsidy Regime was offered gratification by Mr. Femi Otedola Chairman Zenon Petroleum and Gas Ltd and you failed to report the offer of gratification to any officer of the Independent Corrupt Practices and Other Related Offences Commission or any Police Officer and you thereby committed an offence contrary to Section 23(1) of The Corrupt Practices and Other Related Offences Act, 2000 and punishable under section 23(3) the same Act.