The Appellant Mrs. Patience Okoro Eye and five others, namely Afolabi Olufemi Johnson, Ilori Adekunle Sunday, Asemota Augustina, Kolawole Babalola, Olaniran Muniru Adeola and Fatai Adedokun Yusuf were on 2nd June, 2015 arraigned before the Federal High Court, Ibadan Judicial Division, charged with abuse of office, corrupt practices, fraud and illegally owning assets. The particulars of the offence charged are as follows:
COUNT 1
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"That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY. KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA and FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honourable Court, have by virtue of abuse of your office, being employees of Central Bank of Nigeria, contributed to the economic adversity of the Federal Republic of Nigeria when you destroyed a box marked "Counted Audited Dirty" filled with Newspapers in place of a box containing N10,000,000 (Ten Million Naira) of N1000 denomination and which activity led to the increase of money in circulation which the briquetting exercise of Central Bank of Nigeria was intended to control and you thereby committed an offence punishable under Section 1(2) (b) and Section 10(1) of the Recovery of Public Property (Special Provision) Act, Cap. R4, Laws of the Federation of Nigeria, 2004."
COUNT 2
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"That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA ANd FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honourable Court, engaged in corrupt practices when you replaced the content of a box of N1,000 notes denomination in a total sum of N10,000,000 (Ten Million Naira) marked as "Counted Audited Dirty" meant for briquetting with Newspapers and which sum you converted to your own use and you thereby committed an offence punishable under Section 1 (2) (a) and Section 10(1) of the Recovery of Public Property (Special Provision) Act Cap. R4 Laws of the Federation of Nigeria, 2004."
COUNT 3
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"That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON, ILORI ADEKUNLE SUNDAY, ASEMOTA AUGUSTINA, KOLAWOLE BABALOLA, OLANIRAN MUNIRU ADEOLA and FATAI ADEDOKUN YUSUF on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honourable Court, being employees of Central Bank of Nigeria owned asset, to wit: the sum of N10,000,000.00 (Ten Million Naira) being money you took from a box marked "Counted Audited Dirty" which was meant for briquetting and which you replaced with Newspapers and for your personal purpose which asset is in excess of your legitimate, known and provable income and assets and you thereby committed an offence under Section 7 (2) of the Bank Employees etc, (Declaration of Assets) Act Cap. B1 Laws of the Federation of Nigeria, 2004."
COUNT 4
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"That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON and ILORI ADEKUNLE SUNDAY, on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honourable Court, with intent to defraud, were privy to making false entry in a document, to wit: the report of your briquetting exercise that took place at Central Bank of Nigeria, headquarters, Abuja, to the effect that the briquetting exercise was successful without any abnormality when indeed a box stuffed with newspapers as against N10,000,000 (Ten Million Naira) notes was discovered during your briquetting exercise on the 5th of September, 2014 and you thereby committed an offence punishable under Section 438(b) of the Criminal Code Act Cap, C38 Laws of the Federation of Nigeria, 2014."
COUNT 5
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"That you PATIENCE OKORO EYE, AFOLABI OLUFEMI JOHNSON 1st - 3rd and ILORI ADEKUNLE SUNDAY on or about 5th August, 2014 in Ibadan within the Jurisdiction of this Honourable Court, with intent to defraud, were privy to omitting material particulars from a document to wit: the report of your briquetting exercise that took place at Central Bank of Nigeria, Ibadan branch which you submitted to Central Bank of Nigeria headquarters Abuja, to the effect that the briquetting exerciser was successful without any abnormality when indeed a box stuffed with newspapers as against N10,000,000 (Ten Million Naira) notes was discovered during your briquetting exercise on the 5th of September, 2014 and you thereby committed an offence punishable under Section 438(c) of the Criminal Act Cap, C38, Laws of the Federation of Nigeria, 2004."
The Appellant pleaded not guilty to all the counts of the charge and the trial proceeded. On 2nd June, 2015, an oral application was made on behalf of the Appellant for bail and same was refused, thereafter, on the same day, a formal application was filed accompanied by an affidavit in support and a written address.
On the 8th June, 2015, the respondent filed its counter affidavit and a written address in opposing the bail application. In refusing the bail, the learned trial judge in his Ruling delivered on 15th June, 2015 held as follows:
Dissatisfied with the Ruling of the trial Court, the appellant filed an appeal. It was heard by the Ibadan Division of the Court of Appeal. The Court on 9th December, 2015 affirmed the decision of the trial Court when it said:
"I remain of the firm view that the learned trial Judge was painstakingly enough in considering all the most relevant materials before him, in terms of the affidavits of the Appellant and the counter affidavit of the Respondent as well as the proofs of evidence and applicable well established principles governing the granting or refusal of the application in the instant appeal. I am unable to see, in this appeal, any strong reason to fault any of the steps taken by the learned trial judge in the exercise of his discretion. I am not convinced that there is any good reason to call for this Court to accept or accede to the request to interfere with the exercise of the discretionary power of the lower Court in the instant appeal with respect to its refusal of the application for bail. I am fully satisfied that the learned trial judge in the circumstance exercised his power to grant or refuse bail to the Appellant judicially and judiciously."
