Muhammed Madugu Haliru V. Federal Republic Of Nigeria (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Lead Ruling)

This is an application dated 11th of April, 2012 brought pursuant to Section 28(1) of the Court of Appeal Act and Order 17 Rule 13(6) of the Court of Appeal Rules, 2011. The Application which is by way of motion on Notice prays for:

(i) Admission to bail of the Appellant pending the hearing and determination of his appeal; and

(ii) For such further Order or other Orders as the Honourable Court may deem fit to make in the circumstances.

In support of the Application one Ahamed Muhammed of 3rd Floor Coscharis Plaza No. 6 Faskari Street, Area 3, Garki, Abuja, has deposed to an affidavit of 13 (thirteen) paragraphs to which two documentary Exhibits marked Madugu 1 and Madugu 2 are annexed. Exhibit Madugu 1 is the Notice of Appeal with seven Grounds already filed in this Honourable Court against the decision of Hon. Justice A.O. Bamigbola of the Kwara State High Court convicting the Appellant/Applicant on a three count charge of:

1. Conferment of corrupt advantage upon himself by collecting the sum of N500,000.00 (Five Hundred Thousand Naira) which he was not entitled to while being in the Public Service as Chairman of Kaiama Local Government between December, and January, 2001 or thereabout at Ilorin, Kwara State to perform the lesser Hajj;

(2) Using his position his chairman of Kaiama Local Government to gratify himself by collecting the said sum which he was not entitled to from the coffers of the Local Government; and

(3) Using his said position as chairman of Kaiama Local Government to confer unfair advantage upon himself by collecting the said sum of N500,000.00 (Five Hundred Thousand Naira) which he was not entitled to from the coffers of the Local Government to perform the lesser Hajj; contrary to the Corrupt Practices and other Related Offences Act, 2000 – the charges to which he pleaded not guilty.

Opposing the Application for Bail the Respondent represented by Vickson Enyindah Male, Adult; public servant and Litigation Clerk of the Prosecution Department of ICPC whose address is given as Plot 802 Constitution Avenue, Central Area, Garki-Abuja, swore to a Counter-Affidavit of six paragraphs. Replying to the averments of the said representative of the Respondent, one Tochukwu D. Nwachukwu of 6, Faskari Crescent, Coscharis Plaza, Area 3, Garki-Abuja; deposed to a Further Affidavit of two paragraphs in support of the Application for Bail.

There is also a Further And Better Affidavit of 5 (five) paragraphs dated 10th May, 2012, deposed to by Tahir Aduagba a Legal Practitioner and a member of the team of lawyers handling the Appeal on behalf of the Appellant/Applicant herein. The Affidavit filed the same date carries two annexures – the first which is unmarked is the written Address in support of the Application whereas the second is the Judgment of the lower Court sought to be appealed against which he marked as Exhibit Madugu 3. It is pertinent to note that following the directive of this Honourable Court parties filed their respective Written Addresses in support or against the grant of the Application in view of its contentious nature.

On the 17th day of May, 2012, when the motion was argued and the Addresses of learned counsel on either side were adopted, M.I. Hanafi Esq., of counsel for the Appellant/Applicant; intimated the Court that he only received the Respondent’s Written Address the previous day through their agent in Ilorin and could therefore not file a Written Reply on points of law. He therefore sought for and was granted five minutes within which to proffer a viva voce Reply On Points of Law in respect of the complaint in para. 4.0 pages 3 & 4 of the Respondent’s Address.

In his oral submission he contended that the deposition of Ahmed Muhammed on behalf of the Appellant/Applicant fulfils the provision of Section 115 of the Evidence Act, 2011. On the complaint by the Respondent in respect of Exhibit Madugu 2 (the Medical Certificate and the date on it); Learned Counsel for the Applicant submitted that it is a common mistake or typographical error because the document would not have been dated 7th of December, 2012. He accordingly urged us to deem the Certificate as having been issued on 7th December, 2011 and finally urged us to consider the special circumstances and the combination of factors like age and ill health and be persuaded to grant the Application.

The learned counsel for the Respondents G. O. Igbadume, Esq. (Asst. Chief Legal Officer, I.C.P.C); on his part, adopted the Respondent’s Written Address and urged us to refuse the Application.

MATERIAL FACTS

The material facts of the case as stated in the Applicant’s Written Address are that, the Appellant was convicted on the 9th of December, 2011 by the High Court of Kwara State presided over by Bamigbola J. under Section 19 of the Independent Corrupt Practices and Other Related Offences Act, 2004; for the offences of conferring corrupt and unfair advantage upon himself and gratification. The Applicant was sentenced to imprisonment for 5 years and by a Notice of Appeal filed on the 6th of January, 2012, the Applicant appealed against his conviction on seven grounds and consequently filed this application seeking for his bail pending the determination of Appeal.