Mrs. Gbonjubola Balogun V. Federal Republic Of Nigeria (2015)

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 Oyo State High Court of Justice, sitting at Ibadan, wherein the learned trial Judge, A.O. Boade, J dismissed the Appellant’s motion praying the information preferred against him be quashed on the ground that the charge does not disclose any prima facie case against him.

The Appellant and her husband, Dr. Kola Balogun were charged before the court on a three count charge of holding an indirect private interest in a contract on account of public service contrary to and punishable under Section 12 of the I.C.P.C. Act, 2000; soliciting money as reward for using influence to procure a contract with a public body, contrary to and punishable under Sections 22(2)(a) and 22(6); and abetment contrary to Section 26(1)(c) and punishable under Section 22(6) of the I.C.P.C. Act, 2000.

While the Appellant was charged with counts 1 and 2 on the charge sheet, the Appellant’s husband, Dr. Kola Balogun was charged on the third count of abetment only. On the date fixed for the arraignment of the accused persons, learned counsel representing them, filed two separate motions praying the court to quash the information filed against the two accused persons.

The Appellant’s motion was dated the 18th day of October, 2007 and filed same day. By the said motion, the Appellant prayed for the following reliefs:

1. AN ORDER of the Honourable Court quashing counts 1 and 2 of the charge in Charge No. I/4/I.C.P.C/2007 filed against the 1st Accused/Applicant herein for being incompetent and for non-disclosure of any prima facie case against the 1st Accused/Applicant.
2. PENDING the determination of relief one supra, an order of the Honourable Court staying the arraignment of the 1st Accused/Applicant.

The Grounds upon which the Application was predicated are that:

(i) The counts against the 1st Accused/Applicant contained in the charge sheet filed against the 1st Accused/Applicant before the Honourable Court are incompetent in law.

(ii) Further or in the alternative, the charge and the proof of evidence do not disclose any prima facie case against the Accused/Applicant.

In support of the Application was an affidavit of nine (9) paragraphs deposed to by Odusola Omoyemi, a Legal Practitioner assisting Olalekan Ojo, Esq of learned counsel for the Applicant/Appellant. In opposition to the motion, the Respondents filed a six (6) paragraphs Counter-Affidavit deposed to by one Emmanuel Njoba, a Litigation clerk in the office of the Independent Corrupt Practices and other Related Offences Commission (I.C.P.C).

Written Addresses were filed and exchanged by the parties, and in a considered Ruling delivered on the 13/10/2011, the learned trial Judge refused to grant the Application and therefore dismissed same. The Appellant who was the Applicant is aggrieved by the decision of the court and has now filed this appeal.

The Appeal was brought vide Notice of Appeal dated the 08/5/2013 and filed the same day. The Notice of Appeal consists of three Grounds of Appeal, which I hereby reproduce below:

GROUND 1

The learned trial Judge erred in Law by holding that the information dated the 31st July, 2007 and filed on 2nd August, 2007 discloses a prima facie case against the 1st Accused/Appellant and thereby came to a wrong conclusion thereby occasioning a miscarriage of justice against the Accused/Appellant.

PARTICULARS OF ERROR