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CaseLaw

Ikuforiji V. FRN (2018) CLR 1(s) (SC)

Judgement delivered on January 12th 2018

Brief

  • Money Laundering Act – Purpose of
  • No Case Submission – Meaning of and nature of
  • Money laundering – Ingredients of offence of
  • Re-Hearing of case – Whether appellate can so do
  • Issues for determination
  • Academic issue – Meaning of
  • Issues for determination – Proliferation of
  • Conspiracy – Essential elements of
  • Prima Facie case – Meaning and Nature of
  • Interpretation of Statutes – Principles guiding
  • Section 1(a) of the Money Laundering (Prohibition) Act 2004 (Repealed)
  • Section 1 of the Money Laundering (Prohibition) Act 2011
  • Section 15 of the Court of Appeal Act 2004
  • Order 6 Rule 2(1) of the Court of Appeal Rules 2011
  • Order 18 Rule 3(1) of the Court of Appeal Rules 2011

Facts

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.

BACKGROUND FACTS

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”

Issues

  • Whether the Court of Appeal was right in evaluating or re-evaluating the...
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