Senator Adolphus N. Wabara & Ors. V. Federal Republic Of Nigeria (2010)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

MARY U. PETER-ODILI, J.C.A. (Delivering the Leading Judgment)

This is an appeal from the decision of the High Court of the Federal Capital Territory, Abuja delivered on the 10th day of November, 2005, Coram: Husseini Mukhtar I. declining to quash the Criminal Charges of Offering and giving gratification.

Grounds of Appeal of 1st Appellant, Senator Adolphus Ndaneweh Wabara without the particulars are:-

GROUND ONE:

The learned trial Judge erred in law by denying the Appellant his right to fair hearing in reaching a decision without considering the submissions of the Appellant or his application on the merits or at all.

GROUND TWO:

The learned trial Judge erred in law when he held that the national broadcast by the President of the Federal Republic of Nigeria which condemned the appellant as guilty before trial could not legally affect his decision or prejudice same.

GROUND THREE:

The learned trial Judge erred in law in upholding a charge based on a non-existent (aw and thereby occasioned a miscarriage of justice

GROUND FOUR:

The learned trial Judge erred in law when he held there was a prima facie case made out against the Appellant and the other Accused persons for the offences disclosed on the charge when in fact the proof of evidence was suspect in terms of adequacy of the ingredients to sustain the charge and thereby occasioned a miscarriage of justice.

GROUND FIVE:

The ruling was perverse and cannot be supported by the evidence before the Court.

Grounds of Appeal of the 2nd Appellant, Senator Ibrahim Abdulazeez will be re-cast hereunder without the particulars thus:-