Judgment
TIJJANI ABUBAKAR, J.S.C. (Delivering the Leading Judgment): The Appellant in this appeal was charged before the High Court of Lagos State presided over by R.I.B.
Adebiyi, J on a 3rd amended 18 Counts Information dated and filed on the 27th day of December, 2017 titled (the “Amended Information”) for the offences of offering gratification to a public officer contrary to Section 64(1) of the Criminal Law of Lagos State No. 11 of 2011 (the “Criminal Law”) – Counts 1, 2, 4, 5, and 6; attempting to pervert the course of justice contrary to Section 97(3) of the Criminal Law of Lagos State – Counts 3, 7 to 17; and making false information to an officer of the Economic and Financial Crimes Commission (“EFCC”) contrary to Section 39(2) of the Economic and Financial Crimes Commission (Establishment) Act, 2004 – Count 18.
When the charge was read to the Appellant, he pleaded “not guilty” to all the counts. Trial commenced thereafter.
On the 30th day of April, 2018, the trial Court delivered its judgment and found the Appellant not guilty of Counts 1, 2, 4, 5, 6 and 18 in connection with the offence of offering gratification to a public official; and making false information to an officer of the EFCC, he was consequently discharged and acquitted of those Counts. The Appellant was however found guilty and convicted of Counts 3, 7 to 17, to wit, attempting to pervert the course of justice, and consequently sentenced to thirty (30) days imprisonment on each count, terms of imprisonment to run concurrently.
The Appellant became nettled by the decision of the trial Court. Dissatisfied with the decision of the trial Court, and therefore filed notice of appeal on the 8th day of June, 2018 containing fourteen (14) grounds of appeal.
The Court of Appeal (Coram Ikyegh; Tukur; Tobi; JJCA) allowed Appellant’s appeal in part in a judgment delivered on the 19th day of December, 2019, setting aside the conviction and sentence of the Appellant in Counts 3, 12 and 14 but affirmed his conviction in Counts 7 to 11, 13, 15 to 17 of the Amended Information.
Still peeved by the decision of the Court of Appeal, (The lower Court) the Appellant further appealed to this Court via notice of appeal dated the 10th day of February, 2020 but filed on the 11th day of February, 2020, containing eleven (11) grounds of appeal.<br< p=”” style=”box-sizing: inherit; margin: 0px; padding: 0px;”></br<>
