Peter Akudigwe V. The State (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ABUBAKAR JEGA ABDUL-KADIR, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of Hon. Justice A.A. Nwobodo of the Enugu State High Court delivered on 15th day of May, 2007 on which he dismissed the Appellant’s Motion on Notice.

The circumstances that gave rise to the instant matter are briefly summarized hereunder –

A Summary Trial charge vide charge No. E/65C/2004 dated 17/12/2004 was drafted against the Appellant by the Ministry of Justice, Enugu (acting through its legal officer – R.E. Udeichi Esq.). The Appellant was charged under Section 1(3) of Advance Fee Fraud and other related offences Decree No. 15 of 1995 as amended by Decree 62 of 1999. The Appellant through his counsel – Chuka Obele Chuka Esq. on 18/5/2005 filed a motion dated 17/5/2005 for an order of court quashing Charge No. E/65C/2004 preferred against the Accused/Appellant for want of competence and jurisdiction.

The Accused/Appellant’s motion was supported by 27 paragraph affidavit with several annexures, Exhibits A – M. See pages 5 – 41 of the record. The complainant Chief Edy Onyekwelu filed a 27 paragraph Counter Affidavit dated 10th June, 2005 against the Appellant’s Motion under reference. See pages 42 44 of the record. A witness to the Appellant in the name of Dave Icheoku deposed to an affidavit dated 22nd July, 2005 in support of the Appellant’s motion under reference. The affidavit had 2 annexures: Exhibits D1 – 2. See pages 45 – 48 of the record. The Appellant filed a 12 paragraph Further Affidavit dated 22nd July, 2005 in support of his motion under consideration. The further affidavit had several annexures as Exhibits N – T. See pages 49 – 61 of the record, The Appellant’s motion filed on 18/5/2005 was formerly taken on 23/01/2007. The State Counsel replied on 5/3/2007 while the Appellant’s Counsel replied on points of law on the same date. See pages 66 – 74 of the record for proceedings of the lower court. A ruling was delivered on the matter on 15/5/2007 wherein the trial judge dismissed the Appellant’s application. See pages 75 – 82 of the record.

The Appellant being dissatisfied with the decision of the lower court filed a Notice of Appeal dated 25/5/2007 and filed on the same date containing four Grounds of Appeal. See pages 83 to 87 of the record.

The appeal was heard on the 4th day of March 2013, learned counsel for the Appellant Mr. C.A. Obodozie informed the court that the Appellant’s Amended Brief of Argument is dated the 23rd of November 2009 and filed on 25th November 2009. That they filed a Reply Brief dated 30/4/09, Counsel applied to withdraw the Reply Brief, the Reply Brief having been withdrawn was struck out. Learned Counsel to the Appellant adopted his Brief of Argument and urged the court to allow the appeal.

Learned Counsel to the Respondent Mrs. C.N. Malu informed the court that the Respondent’s Brief of Argument is dated 17th March 2010 and filed on 19th March 2010, Counsel adopted the brief and urged the court to dismiss the appeal.

In his Amended Appellant’s Brief of Argument, Learned Senior Counsel for the Appellant formulated three Issues for determination of this Appeal. The Appellant’s Issues are herein reproduced for ease of reference.

(a) Whether Summary Trial can take place in Enugu High Court under Section 4 of Tribunals (Certain Consequential Amendments etc.) Decree No. 62 of 1999.

(b) Whether Summary Trial of an accused person in a State High Court offends Section 36(6)(a) and (b) of the 1999 Constitution of the Federal Republic of Nigeria.

(c) Whether Summary Trial can take place in Enugu High Court under Section 4 of Tribunal (certain consequential Amendments etc) Decree No. 62 of 1999.

The Respondent’s Counsel in her Amended Respondent’s Brief formulated three Issues for determination of the instant appeal. The Respondent’s Issues read thus:

(a) Whether Summary Trial can take place in Enugu High Court under Section 4 of Tribunals (Certain Consequential Amendments etc) Decree No. 13 of 1995 as amended Decree No. 62 of 1999.