CaseLaw
Egharevba V. FRN & Ors. (2016) CLR 2 (e) (SC)
Judgement delivered on February, 26th 2016
Brief
Facts
On the 16th of November, 2007, the then Minister of Health, Prof.A.B.C Nwosu visited Benin City to attend the wedding ceremony of the daughter of Chief Tony Anenih.Thus,the 1st appellant was the Chief Medical Director of the University of Benin Teaching Hospital as at the time of the visit.
During the visit, the sum of 2,000,000.00 (Two Million Naira Only) was approved, disbursed and retired as expenditure even though only the sum of 34,050.00 (Thirty Four Thousand Naira Only) was given to the supervisor of UBTH Guest House where the Minister and the entourage spent the night.
Afterwards, on the 2nd of April, 2002, the Chairman, Senior Staff Association, Chairman and Secretary of Medical and Health Workers Union of Nigeria in UBTH addressed a petition to the Chairman of Independent Corrupt Practices and other related Offences Commission (ICPC).
Consequently, a team of investigators were dispatched by ICPC to investigate the allegation in the petition. The result of their investigation reasserted that the claim in retirement paper dated 30th May, 2002 relating to the approved amount for the visit was false. This resulted in the arrest and prosecution of the accused persons including the appellant herein.
At the conclusion of the prosecution’s case, a no case submission was made by the appellants but was overruled by the trial judge.
Dissatisfied, the accused persons appealed against the ruling individually. The appeal was dismissed. This prompted a further appeal by the appellant herein to the Apex Court on the ground of lack of fair hearing.
Issues
Whether or not the appellant was denied fair hearing by the Court of Appeal in...