Before Their Lordships
MUHAMMAD SAIFULLAH MUNTAKA-COOMASSIE Justice of The Supreme Court of Nigeria
BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHS Justice of The Supreme Court of Nigeria
CHIME CENTUS NWEZE Justice of The Supreme Court of Nigeria
Between
JOSHUA CHIBI DARIYE- Appellant
AND
THE FEDERAL REPUBLIC OF NIGERIA –Respondent
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NWALI SYLVESTER NGWUTA, J.S.C. (Delivering the Leading Judgment): In a petition received by the Hon. Attorney-General of the Federation in May, 2004, the appellant, then the Governor of Plateau State of Nigeria, was accused of various offences bordering on money laundering, abuse of office and corruption. The petition was referred to the Economic and Financial Crimes Commission (EFCC) for investigation and prosecution, if need be.
At the conclusion of the investigation, the respondent filed an application before the High Court of the Federal Capital Territory for leave to prefer a charge against the appellant. A proof of evidence was prepared and attached to the application. On 13th July, 2007 leave was granted to the respondent to prefer a criminal charge against the appellant. Upon his arraignment, the appellant pleaded not guilty to all the 23 counts of the charge preferred against him. The matter was adjourned to 13th November, 2007 for the prosecution to open its case. The appellant was admitted to bail.
On 13th November, 2007 the date to which the case was adjourned for the respondent to open its case, the appellant brought a motion before the trial Court praying for an order to quash the 23 count charge against him on diverse grounds, including lack of locus standi to prosecute him and lack of jurisdiction of the trial Court to hear and determine the case. The respondent filed a counter-affidavit and a written address in opposition to the motion.
On 10th December, 2007 the learned trial Judge denied the application and dismissed same. Appellant’s appeal to the lower Court was dismissed on 17th June, 2010.
Still aggrieved, the appellant, by a notice of appeal filed on 13th July, 2007 appealed to this Court on eight grounds endorsed on the notice. From the eight grounds of appeal, learned senior counsel for the appellant distilled the following five issues for determination:
“ISSUE NO. 1: Whether the lower Court was not wrong in affirming the ruling of the trial Court that the proofs of evidence disclosed a prima facie case against the Appellant. (Distilled from Ground 4).
