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Before Their Lordships
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria
CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria
AMIRU SANUSI Justice of The Supreme Court of Nigeria
SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Between
FEDERAL REPUBLIC OF NIGERIA –Appellant
AND
1. ENWENEDE SOLOMON
2. VICTOR ETERIGHO
3. VICTOR NWABUEZE OBI –Respondents
…………………….A…………………….
CLARA BATA OGUNBIYI, J.S.C. (Delivering the Leading Judgment): The Respondents herein were jointly charged before the Delta State High Court vide the charge sheet dated 19th day of August, 2010 containing Ten (10) counts. All the offences were charged under the Independent Corrupt Practices and Other Related Offences Acts,2000 (Pages 2 – 6 of the Records contained the Charge sheet and the proof of evidence).
They were arraigned on the 14th day of October, 2010 before the High Court Sapele Judicial Division.
The plea of each of the accused Persons was taken and they were also granted bail on the some day (Pages 137 – 139 of the Records are in reference).
By a motion dated the 5th of November, 2011, the 1st and 2nd Respondents applied to the lower Court for the quashing of counts 1, 2, 7, 8, 9 and 10 and the statement of offence in the information on the grounds set out on the motion paper. (The motion on Notice/Preliminary Objection is at pages 82 – 90 of the Records). This application was however withdrawn and struck out during the proceedings of the 29th of November, 2011 (see proceedings at pages 140 – 141 of the Records).
By another application dated 16th day of August, 2011 but filed on the 29th day of August, 2011 the 1st and 2nd Respondents applied to the trial Court and prayed as follows:
“AN ORDER of this Honourable Court dismissing/striking out this charge or otherwise quashing same on the ground that this Honourable Court lacks the requisite jurisdiction to try the offence as contained in the charge sheet in view of the provisions of SECTIONS 129(1)(A), 132(1)(B) and (C) OF THE DELTA STATE LOCAL GOVERNMENT LAW OF 2004 AND SECTION 64 OF THE CPL.”
The said application was predicated on 8 grounds and supported by a 15 paragraphs affidavit deposed to by the 2nd Respondent and the thrust of which was that the Lower court lacked the requisite jurisdiction to sit over the charge, since all the offences alleged in the charge consist of electoral offences contained in the Delta state Local Government Law of 2004. (The preliminary Objection/ Motion on Notice, Affidavit and Written Submission are at pages 105 – 122 of the Records).
On the 29th day of November, 2011, the trial Court took argument on the said application and delivered a Ruling on the 21st day of February, 2012 wherein the said application was dismissed. The 1st and 2nd Respondents thereafter approached the Lower Court vide two Notices of Appeal on the 5th day of March, 2012. Both Notices contain only one ground.
An application by the 1st and 2nd Respondents, to consolidate the two Notices of appeal, to amend the notices and argue additional grounds of appeal as well as to raise fresh issue on appeal, was heard and granted in chambers.
The lower Court delivered its judgment on the 11th day of December, 2013 and allowed the appeal. This appeal herein therefore is against the said decision of the lower Court.
The Notice of appeal was filed at the lower Court on the 21st day of February. 2014. It was dated the same day (see pages 313 – 316 of the Record of Appeal).
In accordance with Rules of Court, Briefs of Argument were filed by both Parties:
1) Appellant’s Brief of Argument was settled by one Enosa Omoghibo Esq. and filed on 16/10/14.
2) 1st and 2nd Respondents’ Brief of Argument was settled by one A. M. Kotoye Esq., and filed on 2/7/15.
3) Appellant’s Reply Brief of Argument was settled also by his counsel Enosa Omoghibo and filed on 21/3/15.
On the 5th October, 2017, at the hearing of the appeal, Mr. E. Omoghibo represented the Appellant while A. M. Kotoye Esq. appeared for all the Respondents.
The learned counsel on behalf of the respondents applied to withdraw their preliminary objection filed 2/7/15 and same was struck out.
Both counsel representing the parties adopted and relied on their respective briefs of argument. While the appellant’s counsel moved the Court to allow the appeal, a verdict of dismissal was sought for on behalf of the respondents.
The plea of each of the accused Persons was taken and they were also granted bail on the some day (Pages 137 – 139 of the Records are in reference).
By a motion dated the 5th of November, 2011, the 1st and 2nd Respondents applied to the lower Court for the quashing of counts 1, 2, 7, 8, 9 and 10 and the statement of offence in the information on the grounds set out on the motion paper. (The motion on Notice/Preliminary Objection is at pages 82 – 90 of the Records). This application was however withdrawn and struck out during the proceedings of the 29th of November, 2011 (see proceedings at pages 140 – 141 of the Records).
By another application dated 16th day of August, 2011 but filed on the 29th day of August, 2011 the 1st and 2nd Respondents applied to the trial Court and prayed as follows:
“AN ORDER of this Honourable Court dismissing/striking out this charge or otherwise quashing same on the ground that this Honourable Court lacks the requisite jurisdiction to try the offence as contained in the charge sheet in view of the provisions of SECTIONS 129(1)(A), 132(1)(B) and (C) OF THE DELTA STATE LOCAL GOVERNMENT LAW OF 2004 AND SECTION 64 OF THE CPL.”
The said application was predicated on 8 grounds and supported by a 15 paragraphs affidavit deposed to by the 2nd Respondent and the thrust of which was that the Lower court lacked the requisite jurisdiction to sit over the charge, since all the offences alleged in the charge consist of electoral offences contained in the Delta state Local Government Law of 2004. (The preliminary Objection/ Motion on Notice, Affidavit and Written Submission are at pages 105 – 122 of the Records).
On the 29th day of November, 2011, the trial Court took argument on the said application and delivered a Ruling on the 21st day of February, 2012 wherein the said application was dismissed. The 1st and 2nd Respondents thereafter approached the Lower Court vide two Notices of Appeal on the 5th day of March, 2012. Both Notices contain only one ground.
An application by the 1st and 2nd Respondents, to consolidate the two Notices of appeal, to amend the notices and argue additional grounds of appeal as well as to raise fresh issue on appeal, was heard and granted in chambers.
The lower Court delivered its judgment on the 11th day of December, 2013 and allowed the appeal. This appeal herein therefore is against the said decision of the lower Court.
The Notice of appeal was filed at the lower Court on the 21st day of February. 2014. It was dated the same day (see pages 313 – 316 of the Record of Appeal).
In accordance with Rules of Court, Briefs of Argument were filed by both Parties:
1) Appellant’s Brief of Argument was settled by one Enosa Omoghibo Esq. and filed on 16/10/14.
2) 1st and 2nd Respondents’ Brief of Argument was settled by one A. M. Kotoye Esq., and filed on 2/7/15.
3) Appellant’s Reply Brief of Argument was settled also by his counsel Enosa Omoghibo and filed on 21/3/15.
On the 5th October, 2017, at the hearing of the appeal, Mr. E. Omoghibo represented the Appellant while A. M. Kotoye Esq. appeared for all the Respondents.
The learned counsel on behalf of the respondents applied to withdraw their preliminary objection filed 2/7/15 and same was struck out.
Both counsel representing the parties adopted and relied on their respective briefs of argument. While the appellant’s counsel moved the Court to allow the appeal, a verdict of dismissal was sought for on behalf of the respondents.
…………………….B…………………….
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