Ontario Oil & Gas Nigeria Limited V. Federal Republic Of Nigeria (2015)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO, J.C.A. (Delivering the Leading Judgment)

This Appeal is from the ruling of the Lagos State High Court Per Okunnu J. delivered on 10th October, 2014 wherein it dismissed the Appellant’s no case submission application dated 2nd June, 2014.

The said application challenged the lower Court’s jurisdiction in respect of information that the Appellant initiated before it, relating to some criminal charges arising from diverse matters and asked for the discharge of the Appellant on the ground that no case was made out against him at the close of the prosecution’s case.

The lower Court dismissed the application and assumed jurisdiction and struck down Section 19 of the Admiralty Jurisdiction Act as being inconsistent with the Constitution. The Appellant, dissatisfied with the ruling, appealed to this court vide an amended Notice of Appeal dated and filed on 29th January, 2015 on 12 grounds.

The Appellant Brief is dated and filed on 10th February, 2015 and a Reply Brief dated and filed 24/2/15, same was settled by Chief Wole Olanipekun SAN with Yusuf Asamah Kadiri Esq, Edoka Dox Onyeke Esq, Ayo Adesanmi Esq, Ismail O. Muftau Esq, Wole Okenile Esq, Ademola Adesina Esq, Bolarinwa Awujoola Esq, Richmond E. Idaeho Esq, of Wole Olanipekun & Co. while the Respondent’s brief is dated and filed on 20/2/15 it was settled by Rotimi Jacobs, SAN with Adebisi Adeniyi Esq of Rotimi Jacobs & Co.

The Appellant formulated three (3) issues for determination thus:

(i) Considering the clear provisions of Section 251(1)(a)(g)(n)(s) and (3) of the Constitution; Items 36, 39, 67 and 68 of the Exclusive Legislative List; Section 8(1) of the Federal High Court Act; Sections 1(1) & (2), 19 and 25 of the Admiralty Jurisdiction Act, binding decision of the Court of Appeal and Supreme Court on the subject cited to the lower Court, as well as the evidence elicited during trial, whether the lower Court did not fall into a serious error by assuming jurisdiction on the Information dated 20th July, 2012 filed before it against the Appellant. (Grounds 1, 2, 3, 4, 5, 6 and 7).

(ii) Having regard to the ingredients of the offence in the Information, the evidence adduced by the Prosecution and the extent to which such evidence was discredited under cross-examination as well as the inherent contradiction in the testimonies of the prosecution witness whether the lower Court was not in grave error by over ruling the Appellant’s no case submission. (Grounds 9, 10 and 11).

(iii) Considering the clear provision Section 36(12) of the Constitution vis-a-vis Counts 3, 4, 5, 7 and 8 of the Information brought under the various Section of the Criminal Code, Cap C17 Vol. 2 Laws of Lagos State of Nigeria, 2003 (which is a non-existing law), whether the lower Court did not fall into grave error by countenancing the Information (Ground 8).

(iv) Considering the principle of distinct corporate personality of a company from its Shareholders qua Directors, whether the Appellant could be made vicariously liable for an act allegedly committed by the company – Ontario Oil & Gas Ltd. (Ground 12).

The Respondent Counsel seemingly agreed with the three issues for determination of the Appellant but framed in another way thus:

(i) Whether the High Court of Lagos State has no jurisdiction to entertain the information contained in Charge No.ID/115C/2012 bordering on the offence of obtaining money by false pretence under the Advance Fee Fraud & Other Fraud Related Offences Act 2006; forgery and altering under Section 467 and 468 of the Criminal Code Cap C17 Vol.2 Laws of Lagos State, Nigeria 2003. (Grounds 1, 2, 3, 4, 5, 6 & 7)

(ii) Whether the lower Court was not right in holding that a prima facie case, sufficient enough to call upon the Appellant to enter into his defence has been made out (Grounds 1, 2, 3 & 6)

(iii) Whether Counts 3, 4, 5, 7, & 8 of the Information dated 20th July, 2012 brought under the Criminal Code Law Cap C17 Laws of Lagos State of Nigeria 2003 are liable to be struck out on the alleged grounds that they are not based on an existing law and are therefore caught by the provision of Section 36(12) of the Constitution of the Federal Republic of Nigeria (Ground 4).