Ude Jones Udeogu V Federal Republic Of Nigeria & Ors (2016)

LAWGLOBAL HUB Lead Judgment Report

SULEIMAN GALADIMA, J.S.C.

This Appeal is against the judgment of the Court of Appeal, Abuja Division [hereinafter referred to as the Court below). The Judgment which was delivered on Friday 27th day of April, 2012 was in respect of consolidated Appeals NOS.CA/A/224C/2009; ORJI UZOR KALU v FRN & 2 ORS, and CA/A/229C/2009; UDE JONES UDEOGU & ANOR v FRN AND 2 ORS.

In its judgment the Court below affirmed the decision of the trial Federal High Court, Abuja Coram, A. Bello (J) which dismissed the Appellant’s application seeking to quash the amended charge preferred against him and the 2nd Respondent herein.

I shall be very brief in setting out the background facts of this case as these are substantially the same with those in SC.215/2016. Sometime in 2005 some concerned indigenes of Abia State sent a written petition to the Economic and Financial Crimes Commission (EFCC) against the 2nd Respondent herein, who was then the Executive Governor of Abia State. The investigations that were carried out by the EFCC upon the receipt of the said complaint revealed

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that the 2nd Respondent had some shady dealings with SLOK NIGERIA LIMITED – the 3rd Respondent, as he had withdrawn billions of Naira belonging to Abia State Government, and converted them in various bank drafts which were subsequently lodged into the 3rd Respondent Account with the Inland Bank [now First City Monument Bank). It was further alleged that the Governments contracts were awarded to companies in which the 2nd Respondent had cronies, agents and associates. Some of these companies include ZEROCK CONSTRUCTION LTD; HITEC CONSTRUCTION LTD; HAPEL NIGERIA LTD, Some of the drafts lodged into the Accounts of the 2nd Respondent came in form of gratifications in appreciation for the contracts awarded by the 2nd

Respondents on behalf of the Abia State Government. The 1st Respondent described these funds as laundered funds, illegally withdrawn from the account of the Government”. In the circumstance, the 1st Respondent filed a criminal charge against the Appellant and the 3rd Respondent at the Federal High Court, Lagos.

However, the said charge was withdrawn; and following the amendment, the Appellant and 3rd Respondent herein were arraigned along with the

2 2nd Respondent before the Federal High Court, Abuja. The Appellant and the 3rd Respondent filed a joint application on 11th July, 2008, wherein they sought for an order quashing the charges preferred against them. Written addresses were filed in respect of the application. In a considered ruling delivered on 8th May, 2009, the learned trial Judge dismissed the application. The Appellant herein and the 3rd Respondent appealed against the decision of the learned trial Judge vide their joint Notice of Appeal dated 15th May, 2009.

At the Court of Appeal, briefs of argument were filed and exchanged and the appeal was consolidated with the Appeal N0; CA/A/2244/2009 filed by the 3rd Respondent herein and adjourned for hearing on 1oth October, 2011. Briefs of argument were adopted on 15th March, 2012 and on 27th April, 2012; the Court below delivered its judgment in the consolidated appeals and dismissed.

Dissatisfied with the decision of the Court below, the Appellant and the 3rd Respondent were granted leave to appeal against the decision. The Appellant filed his Notice of Appeal on 2nd November, 2015.

In paragraph 2.9 of his brief of argument the

3 Appellant has indicated that he does not intend to proffer argument in respect of Grounds 2 and 3 and pray this Court to strike out the grounds.

In the Appellants’ brief settled by his counsel, GEORGE E, UKAEGBU ESQ and filed on 5th November, 2015 two issues distilled for determination of this appeal are as follows:-