CaseLaw
This is an appeal brought by the appellant who was the respondent at the Court of Appeal, Lagos Division against the judgment of the trial High Court, Coram: Sidi Dauda Bage JCA (as he then was), Biobele Abraham Georgewill and Ugochukwu Anthony Ogakwu JJCA, delivered on the 4th November, 2016. The Court below had set aside the decision of I.N.Buba J. of the Federal High Court, Ikoyi which had upheld the appellant's No Case Submission.
The appellant and one Mr. Oyebode Alade Atoyebi (2nd accused at the trial Court) stood trial before the Federal High Court on a 54 amended count charge dated 4th June, 2013 for accepting various cash payments above the threshold set by the Money Laundering Prohibition Act 2004 (MLPA 2004) and Money Laundering Prohibition Act 2011 (MLPA 2011) without going through financial institution. The amended charge is at pages 1163 to 1191 of volume IV of the record of appeal. The respondent called two witnesses and tendered Exhibits P1 to P6. After the close of the respondent's case, the appellant made a No Case Submission which was upheld by the learned trial Judge.
Dissatisfied with the ruling, the respondent appealed to the Court of Appeal via Notice of Appeal dated 21st October 2014. In a well considered judgment delivered on 4th November, 2016, the Court of Appeal set aside the decision of the trial Court and held that the respondent made a prima facie case against the appellant requiring the appellant to enter his defence.
It is from the decision of the Court of Appeal that the appellant has appealed to this Honourable Court via a Notice of Appeal dated 17th January 2017.
At the end of the day, the lower court concluded as follows -
"In the final analysis, I find the accused person guilty of the charges against him as laid in the information. He will face the supreme punishment prescribed in S. 1(2) of the Robbery and Fire Arms (Special Provision) Act - - He is hereby sentenced to death accordingly”