Oyebamiji Akeem V. Federal Republic Of Nigeria (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment)

This appeal is against the Ruling of the Federal High Court, Ibadan Division, delivered by A. O. Faji, J on the 19th day of June, 2015.

The brief facts have been stated by learned counsel for the Respondent in paragraphs 2.01 – 2.02 of the Respondent?s Brief of arguments as follows:

“The Appellant and other Accused persons before the Lower Court were officials of the Deposit Money Bank (First Bank of Nigeria Plc.) and Central Bank of Nigeria (CBN) respectively, who were saddled with the responsibilities of coordinating the transfer and the transfer of mutilated notes to CBN, receiving deposits from Deposit Money Banks (DMB), boxing of currency, payment of withdrawals by the DMB, classification of cash into counted Audited clean (CAC) notes or Counted Audit Dirty (CAD) notes for eventual evaluation through Briquetting exercise, at the Ibadan branch of First Bank of Nigeria and Central Bank of Nigeria respectively.

The Appellant herein was the Vault Officer at the Ibadan branch of First Bank of Nigeria Plc at the material time, and coordinated the transfer of mutilated

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currencies from branches of First Bank to central Bank of Nigeria. In the performance of that duty, the Appellant conspired with Isaq Akano (the 4th accused at the trial), who was a casual labourer at the First Bank and with other casual labourers to supply signed First Bank packing slips to certain staff of CBN (all accused persons at trial; which were originally meant to be placed on boxes filled with mutilated currencies of specific denominations, meant for briquetting. These packing slips, they placed on either boxes of currencies interleafed with lower denominations or on boxes with neatly cut newspapers. The Appellant and the other accused at trial, would then share the proceeds thereafter among themselves.?

Based on the above stated alleged facts, the Appellant was arrested and arraigned with other accused persons on a 28 counts charge of offences allegedly committed under the Advance Fee Fraud and other Fraud Related offences Act, No. 14 of 2006; Bank Employee etc (Declaration of Assets) Act, Cap.131, Laws of the Federation of Nigeria 2004; the Criminal Code Act, Cap.38, Laws of the Federation of Nigeria and Miscellaneous Offences Act, Cap.

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M17, Laws of the Federation, 2004. The charges are contained at pages 2 – 13 of Vo.1 of the Record of Appeal.

The Appellant pleaded not guilty to the charge but filed an application for bail. The application was dated the 01/6/2015 and filed on the 2nd of June, 2015. The Motion was supported by an affidavit of 18 paragraphs deposed to by one Mrs. Ajoke Oyebamiji, who is the Appellant?s wife; together with a Written Address as the Rules of the Court below required. The Respondent filed a 15 paragraphs Counter-Affidavit and a Written Address in opposition to the application. The Motion was argued on the 11/6/2015 and in a consolidated Ruling delivered on the 19th day of June, 2015, the learned trial Judge of the Federal High Court dismissed the Motion, thereby denying bail to the Appellant. It is against the Ruling of the trial Court refusing him bail that the Appellant has filed this appeal.

The Notice of Appeal, which is contained in pages 1739 – 1741 of the Record of Appeal, was dated and filed on the 07/9/2015. It consists of three (3) Grounds of Appeal as follows:

GROUNDS OF APPEAL

(1) The learned trial Judge erred in law when he held that: