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Before Their Lordships
WALTER SAMUEL NKANU ONNOGHEN Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
NWALI SYLVESTER NGWUTA Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria
Between
EMMANUEL EGHAREVBA Appellant(s)
AND
1. FEDERAL REPUBLIC OF NIGERIA
2. PROFESSOR AUSTIN OBASOHAN
3. SUNDAY IDUBOR
4. IFEYINWA NNEKA OKOLUE Respondent(s)
…………………….A…………………….
WALTER SAMUEL NKANU ONNOGHEN, J.S.C. (Delivering the leading Judgment): This is an appeal against the judgment of the Court of Appeal Holden at Benin city in appeal No. CA/B/117/2006 delivered on the 4th day of March, 2010 dismissing the appeal of the Appellant/2nd accused on a no case submission.
The facts of the case are the following;
Appellant with three others were charge to the Edo state High Court Benin city for a 9 count charge to wit-
”Statement of Offence 1st Count
Furnishing false statement contrary to Section 16 of the Corrupt Practices and other Related Offences Act 2000.
Particulars of offence
Prof. Austin Ohasohan on or about 15th November, 2001 at Benin City being an officer charged with the use of property belonging to the University of Benin Teaching Hospital, knowingly furnished false statement in respect of the sum of N1,150,000. 00 purportedly expended for the purpose of media coverage of the Minister of Health’s official visit.
Statement of Offence 2nd Count
Abetment contrary to Section 26(1) (c) of the Corrupt Practices and other Related Offences Act, 2000.
Particulars of Offence
Emmanuel Egharevba around November, 2001 at Benin city did abet the furnishing of false statement by issuing a letter and receipt to Prof. Austine Obasohan in respect of the sum of N1,150, 000. 00 purportedly expended for media coverage of Minister of Health’s official visit…
Statement of Offence 3rd Count
Furnishing false statement contrary to Section 16...
Particulars of Offence
Sunday Idubor on or about 30th May, 2002 at Benin City being an officer charged with the use of the University of Benin Teaching Hospital funds did knowingly furnished a false statement in a precious Palm Royal Hotel Ltd. Receipt for the sum of N321,790. 00 as amount purportedly spent on Hotel accommodation for the entourage of the minister of Health who was on a visit to Benin City..
Statement of Offence 4th Count
Furnishing false statement contrary to Section 16...
Particulars of Offence
Professor Austine Obasohan and Sunday Idubor sometime in November, 2001 at Benin City being officers charged with the use of the University of Benin Teaching Hospital funds knowingly furnished false return in respect of the sum of N28, 210. 00 (Twenty eight thousand two hundred and ten Naira) purportedly spent by Prof. Obasohan as out-of-pocket expenses and other expenses during the visit of the Minister of Health to Benin City on 16th November, 2001.
Statement of Offence 5th Count
Furnishing of false statement contrary to Section 16...
Particulars of Offence
Professor Austine Obasohan sometime in November, 2001 at Benin City being an officer charged with the management of the University of Benin Teaching Hospital funds knowingly made false statement in an application for the sum of One million as additional expenses purportedly meant for the visit of the Minister of Health to Benin City…
Statement of Offence 6th Count
Conspiracy to commit an offence contrary to Section 26(1) (c) and punishable under Section 16 of the Corrupt Practices and Other Related Offences Act, 2001.
Particulars of Offence
Professor Austine Obasohan, Emmanuel Egharevba, Sunday Idubor, Ifeyinwa Nneka Okolue, on or about May 2002 at Benin City being officers charged with the use of funds of the University of Benin Teaching Hospital conspired among themselves to furnish a false statement in respect of the sum of N1,966,950. 00 advanced to them to cover the visit of the Minister of Health to Benin City..
Statement of Offence 7th Count
Furnishing false statement contrary to and punishable under Section 16 of the Corrupt Practices and Other Related Offences Act 2000
Particulars of Offence
Professor Austin Obasohan, Emmanuel Egharevba, Sunday Idubor and Ifeyinwa Okolue on or about May, 2002 at Benin City being officers charged with the use of the funds of the University of Benin Teaching Hospital knowingly
Appellant with three others were charge to the Edo state High Court Benin city for a 9 count charge to wit-
”Statement of Offence 1st Count
Furnishing false statement contrary to Section 16 of the Corrupt Practices and other Related Offences Act 2000.
Particulars of offence
Prof. Austin Ohasohan on or about 15th November, 2001 at Benin City being an officer charged with the use of property belonging to the University of Benin Teaching Hospital, knowingly furnished false statement in respect of the sum of N1,150,000. 00 purportedly expended for the purpose of media coverage of the Minister of Health’s official visit.
Statement of Offence 2nd Count
Abetment contrary to Section 26(1) (c) of the Corrupt Practices and other Related Offences Act, 2000.
Particulars of Offence
Emmanuel Egharevba around November, 2001 at Benin city did abet the furnishing of false statement by issuing a letter and receipt to Prof. Austine Obasohan in respect of the sum of N1,150, 000. 00 purportedly expended for media coverage of Minister of Health’s official visit…
Statement of Offence 3rd Count
Furnishing false statement contrary to Section 16...
Particulars of Offence
Sunday Idubor on or about 30th May, 2002 at Benin City being an officer charged with the use of the University of Benin Teaching Hospital funds did knowingly furnished a false statement in a precious Palm Royal Hotel Ltd. Receipt for the sum of N321,790. 00 as amount purportedly spent on Hotel accommodation for the entourage of the minister of Health who was on a visit to Benin City..
Statement of Offence 4th Count
Furnishing false statement contrary to Section 16...
Particulars of Offence
Professor Austine Obasohan and Sunday Idubor sometime in November, 2001 at Benin City being officers charged with the use of the University of Benin Teaching Hospital funds knowingly furnished false return in respect of the sum of N28, 210. 00 (Twenty eight thousand two hundred and ten Naira) purportedly spent by Prof. Obasohan as out-of-pocket expenses and other expenses during the visit of the Minister of Health to Benin City on 16th November, 2001.
Statement of Offence 5th Count
Furnishing of false statement contrary to Section 16...
Particulars of Offence
Professor Austine Obasohan sometime in November, 2001 at Benin City being an officer charged with the management of the University of Benin Teaching Hospital funds knowingly made false statement in an application for the sum of One million as additional expenses purportedly meant for the visit of the Minister of Health to Benin City…
Statement of Offence 6th Count
Conspiracy to commit an offence contrary to Section 26(1) (c) and punishable under Section 16 of the Corrupt Practices and Other Related Offences Act, 2001.
Particulars of Offence
Professor Austine Obasohan, Emmanuel Egharevba, Sunday Idubor, Ifeyinwa Nneka Okolue, on or about May 2002 at Benin City being officers charged with the use of funds of the University of Benin Teaching Hospital conspired among themselves to furnish a false statement in respect of the sum of N1,966,950. 00 advanced to them to cover the visit of the Minister of Health to Benin City..
Statement of Offence 7th Count
Furnishing false statement contrary to and punishable under Section 16 of the Corrupt Practices and Other Related Offences Act 2000
Particulars of Offence
Professor Austin Obasohan, Emmanuel Egharevba, Sunday Idubor and Ifeyinwa Okolue on or about May, 2002 at Benin City being officers charged with the use of the funds of the University of Benin Teaching Hospital knowingly
…………………….B…………………….
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