Otunba Adebayo Christopher Alao Akala V. Federal Republic Of Nigeria (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MONICA BOLNA’AN DONGBAN-MENSEM, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the High Court of Oyo State delivered by Hon. Justice O. A. Boade (AHTW) on the 12th December, 2012. The Ruling was against the Appellant as an accused person and in favour of the Respondent as the Prosecutor (pages 608-625 of the record)

In this judgment the parties are referred to simply as the Appellant and the Respondent.

A succinct statement of the facts of this appeal is that the Appellant is the 1st accused of three persons standing trial at the High Court of Oyo State.

The prosecution alleges that the Appellant, when he was the Governor of Oyo State, was involved in some conspiracy to defraud the Government of Oyo State by the award of several contracts without budgetary provision among other allegations revealed by investigations conducted by the Economic and Financial Crimes Commission (EFCC).

The Appellant was arraigned for trial before the Oyo State High Court.

At the trial court, the Appellant and two others were arraigned before the Oyo State High Court on Eleven (11) counts charge and the Appellant pleaded not guilty to the counts. Bail was granted to the Appellant. Subsequently, the Appellant filed an application to quash the charge and it was dismissed by the court.

Agitated, the Appellant filed a notice of appeal against the aspect of the ruling to the effect that a prima facie case has been made against the Appellant.

On the 12th day of March, 2014, when this appeal was heard, both parties each identified their respective briefs.

Chief Lateef O. Fagbemi SAN leading other learned silk and several other learned counsel among whom were Chief Mike Osuman SAN, Chief Bolaji Ayorinde SAN, Otunba Kunle Kalejaye SAN, Chief N. O. O. Oke SAN, Dr. Joseph Nwobike SAN, G. M. O. Oguntade SAN, Prof. O. Oyewo, adopted and relied on the Appellant’s main and reply briefs of argument. The briefs were respectively dated the 10th November, 2013 and the 10th February, 2014 but respectively filed on the 11th November, 2013 and 10th February, 2014. Some brief words of oral elucidation were also addressed in support of the briefs of the Appellant.

The Respondent’s brief of argument dated the 28th January, 2014 was filed on the 30th January, 2014 and was adopted and relied upon by Chief Godwin Obla, SAN, FCIArb, leading other learned counsel.

Three issues were raised for the Appellant as follows:-

1. Whether the learned trial judge was right in relying on additional proof of evidence to determine and come to the conclusion that there is a prima facie case against the Appellant. (Grounds 2, 3 & 7).
2. Whether in law, count 1 dealing with conspiracy to award contract for road construction is competent in the face of count 2 dealing with the substantive offence of awarding contract without budgetary provision. Ground 9.
3. Whether in any event, the entire proof of evidence (even including the additional proof of evidence) disclosed the essential ingredients of the offences brought against the Appellant to warrant the criminal complaints against his proceeding to trial? Grounds 1, 4, 5, 6 and 8.

The Respondent adopted issues two and three as raised by the Appellant but re-formulated issue one as follows:-

On the totality of the proceedings as revealed on the record of appeal, did the lower court only rely on the additional proof of evidence to arrive at the conclusion that there is a prima facie case against the Appellant?