Ogwu Achem V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JOSEPH E. EKANEM, J.C.A. (Delivering the Lead Ruling)

At the Federal High Court of Nigeria, Abuja Judicial Division, the appellant/applicant was charged with two offences, viz;

(i) Wilfully providing money with intent that it be used for an act of terrorism contrary to and punishable under Section 15(1) of the Economic and Financial Crimes Commission (Establishment) Act 2004;

(ii) Providing economic resources in order to facilitate the commission of a terrorist act contrary to and punishable under Section 15(3) of the Economic and Financial Crimes Commission (Establishment) Act, 2004.

After trial and taking of addresses, the Federal High Court (hereafter referred to as the “lower court”) found the appellant/applicant guilty on the two counts and accordingly sentenced him to 4 years imprisonment with hard labour on the two counts with the sentences to run concurrently. That was on 14th day of November, 2012.

Dissatisfied with the turn of events, the appellant/applicant has appealed to this court by way of a notice of appeal which contains one ground of appeal, viz; the omnibus group of appeal. The appellant/applicant by way of motion on notice dated and filed on 27th March, 2014, applies for bail pending the determination of his appeal. The grounds for the application are set out in the motion paper which is supported by a 40 – paragraph affidavit deposed to by one Ele Achem, a younger sister of the appellant/applicant. Attached to it are;

(i) Exhibit A – a certified true copy of the charge sheet at the lower court.

(ii) Exhibit B – a certified copy of the notice of appeal.

(iii) Exhibit C – Appellant/applicant’s solicitor’s letter dated 15th November 2011 requesting for a certified copy of the record of proceedings in the charge.

(iv) Exhibit D – A certified true copy of the Judgment of the lower court.

The appellant/applicant also filed a written address in support of the motion.

The respondent, in opposing the application, filed a counter-affidavit of 20 paragraphs deposed to by Ahmed Ismail Olanrewaju, Principal State Counsel in the Department of Public Prosecutions, Federal Ministry of Justice, Abuja. The respondent also filed an address.

In his address, W. A. Aliwo, Esq; of counsel, for the appellant/applicant formulated one issue for the court’s determination, viz;

“Whether the applicant has established exceptional or unusual circumstance to warrant the exercise of the court’s discretion in his favour? (sic)”