Olabamiji Michael Kayode V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

BIOBELE ABRAHAM GEORGEWILL, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of the High Court of Lagos State, Ikeja Judicial Division, Coram: S. A. Onigbanjo J., in Charge No. ID/44c/2010: FRN V. Olabamiji Michael Kayode delivered on 18/11/2013, in which the Appellant as Accused person was convicted on a 99 count charge of obtaining by false pretenses and sentenced to 15 years imprisonment on each of the 99 counts to run concurrently from 1/4/2010, an order of forfeiture of the Appellant’s terms of years under the Development Agreement in respect of the subject property used in the commission of the crimes and an order authorizing the EFCC to manage the said property till 2025 when the Appellant term of years would expire.

The Appellant was thoroughly dissatisfied with the said conviction, sentence, forfeiture and authorization of the EFCC and had appealed against the judgment to this Court vide a Notice of Appeal filed on 7/3/2016 on four grounds of appeal at pages 316 – 324 of the Record of Appeal. The Record of Appeal was transmitted to this Court on 5/3/2016. The Appellant’s brief was filed on

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6/5/2016. The Respondent’s brief was filed on 25/11/2016 but deemed properly filed on 28/11/2016. The Appellant’s Reply brief was filed on 30/11/2016.

At the hearing of this appeal on 12/1/2017, Miss A. I, Okoye, learned counsel for the Appellant adopted the Appellant’s brief and Reply brief and urged the Court to allow the appeal and set aside the conviction, sentence, forfeiture and authorization of the EFCC and to acquit and discharge the Appellant. On his part, A. Ogunsina Esq, learned counsel for the Respondent adopted the Respondent’s brief and urged the Court to dismiss the appeal and affirm the conviction, sentence, forfeiture and authorization of the EFCC to manage the subject property.

By an Information dated 13/5/2010 and filed on 14/5/2010 before the Court below, the Appellant was charged in 99 counts with the offences of obtaining money by false pretences contrary to Section 1(3) of the Advance Fee Fraud and Other Related Offences Act, Cap A6, Laws of the Federation 2006. The particulars of each of the 99 counts were stated therein. See pages 1-31 of the Record of Appeal.

At the trial, the Prosecution called 6 witnesses

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who testified as PW1, PW2, PW3, PW4, PW5 and PW6 and tendered some documents admitted in evidence as Exhibits A – W and closed its case. In his defense, the Appellant testified as DW1 and closed his case. At the conclusion of trial on 13/3/2013, the Court below, in view of the non representation of the Appellant by counsel on that date, dispensed with final addresses and adjourned the matter to 9/5/2013 for judgment.

However, on 28/3/2013, the matter came up before the Court below and the matter was re-adjourned to 9/5/2013 for judgment. On 8/7/2013, the Counsel for the Appellant as Accused person adopted his final written address and the Court below once again adjourned the matter to 10/10/2013 for judgment. On 10/10/2013, the Counsel for the Appellant, as Accused person, re-adopted his final written address and the matter was once again adjourned to 31/10/2013.

Yet again, on 31/10/2013, the Court below adjourned the matter to 18/11/2013 for judgment. Finally, on 18/11/2013, the Court below delivered its judgment convicting the Appellant on all the 99 counts and sentenced him to fifteen (15) years imprisonment on each count to run concurrently commencing

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from 1/4/2010 and making some consequential orders in respect of the property used by the Appellant in committing the offences for which he was convicted by directing the EFCC to take over its management till 2025 when the leasehold interest of the Appellant would expire and in the meantime to use the proceed to settle the various victims of the Appellant’s offences. See pages 163 – 165; 180 – 207; 253 – 258; 264 – 268; 283 – 284; 301- 307; 308- 315 of the Record of Appeal.