ORJI UZOR KALU
1. FEDERAL REPUBLIC OF NIGERIA
2. JONES UDEOGU
3. SLOK NIGERIA LIMITED
COURT OF APPEAL, (LAGOS DIVISION)
M. LAWAL GARBA JCA
(Presided and Read the Lead Judgment)
TOM SHAIBU YAKUBU JCA
JAMILU YAMMAMA TUKUR JCA
WEDNESDAY, 24 APRIL 2019
1. Whether the learned trial judge was right when he held that the appellant has a case to answer notwithstanding the fact that the evidence adduced by the 1st respondent’s witnesses had no nexus with the appellant and did not make out a prima facie case against the appellant.
2. Whether the learned trial judge was right when he held that exhibits “B1 – B28”; B34”;“J”; “L”; “N1 – N15”; “P1 – P34”; “T8” and “U” linked the appellant with the offences charged and thereby required the appellant to make some explanations by way of entering into his defence.
The appellant was the Governor of Abia State. He was alleged to have converted into cash huge sums of money belonging to the Abia State Government and used same to obtain bank drafts which were lodged in the account of 3rd respondent. He was subsequently arrested and arraigned alongside 2nd and 3rd respondents in the Federal High Court, Lagos State Judicial Division on a 39-counts charge of offences under the Money Laundering (Prohibition) Act, 2004 and the Criminal Code, 1990. The appellant made a no-case submission which was overruled by the trial court and he was called upon to enter his defence.
Dissatisfied, the appellant appealed to the Court of Appeal contending that the lower court erred in dismissing his no-case submission when the evidence adduced did not link him to the offence charged.
ORJI UZOR KALU