Peter Nwaoboshi v. Federal Republic Of Nigeria (2023)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

EMMANUEL AKOMAYE AGIM, JSC (Delivering the leading ruling)

On 25-7-2022, the applicant herein filed a notice of appeal against the judgment of the Court of Appeal delivered on 1-7-2022 in appeal No. CA/LAG/CR/988/2021 setting aside his acquittal and discharge from the charge of commission of money laundering offences by the Federal High Court at Lagos in its judgment delivered on 3-9-2021 in charge No. FHC/L/117C/2018, and rather convicting him of committing the offence of money laundering contrary to section 15(2)(d) of the Money Laundering (Prohibition) Act, 2011 and sentencing him to imprisonment for seven years.

The appeal was entered in this court on 28-7-2022, when the record of the trial proceedings were compiled and transmitted here.

The appellant filed an amended notice of the said appeal on 3-8-2022. The same was deemed filed by this court on 22-9-2022. On 5-8-2022, the appellant filed his brief of argument in the appeal. He filed an amended brief on 6-9-2022 which was deemed filed by this court on 22-9-2022.

This was the status of his appeal when on 23-9-2022, the appellant by a motion on notice applied for an order admitting him to bail pending the hearing and determination of his said appeal.

The application is supported by an affidavit of 20 paragraphs, the judgments of the Federal High Court and Court of Appeal, the amended notice of appeal, INEC Form ECC9 sworn to by him on 15-6-2022, medical report dated 6-7-2022 from National Hospital, Abuja and a written address. The appellant filed three further affidavits in support of the application, one of which is accompanied by medical reports from Police Hospital Falomo, Lagos.

The 1st respondent filed a counter-affidavit accompanied by a further affidavit in a previous application at the Court of Appeal for bail pending appeal, medical report dated 22/7/2022 from National Hospital, Abuja and its written address in opposition to the application for bail pending appeal.

Both sides have addressed this court concerning the grant of this application on the basis of their respective affidavits and written addresses.

I have carefully read and considered the arguments of both sides.

The facts that the applicant is a legal practitioner, a serving Senator of the Federal Republic of Nigeria and a candidate of his political party, the APC for the general election of Senator for Delta North Senatorial District may be an assurance that he would be law abiding and would readily submit to the authority of law.

These facts, coupled with the arguable grounds of appeal in the pending appeal, the long period it usually takes to litigate an appeal from the trial court to this court and the likelihood of the applicant completing the service of the custodial sentence of 7 years or a substantial part of it before his appeal against his conviction is heard and finally determined, make the grant of this application attractive. But the undisputed facts that the applicant is in Nigeria, and cannot be taken into prison custody in frustration of the custodial sentences of the Court of Appeal, discourage the grant of this application.

Since his conviction and sentence on the 1st of July, 2022, the applicant has remained at large and cannot be found to be taken into prison custody. From his hiding place the applicant sought to justify his refusal to submit to prison custody on the ground that he is sick and receiving medicare in hospitals.

The affidavit in support of his application deposed to by the applicant’s Senior Legislative Aide, one George Obiaderi Ogbormeh, states in paragraphs 18 and 19 that the “applicant has been on admission at the National Hospital, Central Area, Abuja, which medical condition can only be managed outside prison to avert or eliminate any complication that will end his life” and that the applicant requires specialized medical attention which cannot be provided in prison custody”.

Exhibit F medical report dated 6-7-2022 from National Hospital attached to the said affidavit in support of the above depositions states that the applicant was examined and that – “He was assessed to have? Hypertensive heart disease, LRTI, Obstructive Sleep Apnoea, Gastro esophageal reflux disease (GERD), R/O chronic kidney disease secondary to uncontrolled hypertension. He was admitted and he is currently undergoing the following investigations requested: FBC, E/I/CR, Lipid profile, Abdomino-pelvic USS, Chest-XRAY, ECG, Echo-cardiographs, Spirometry.