This appeal is sequel to the judgment of the Court of Appeal Abuja delivered on the 24th of February 2009. The Court of Appeal (henceforth to be referred to as the "lower Court") dismissed the Appellant's appeal against the ruling of the High Court of the Federal Capital Territory Abuja in the Criminal charge No. FCT/HC/CR/82/2009. Jolly Tevoru Nyame v. Federal Republic of Nigeria delivered on 20th of November 2007. The background facts of this case were mat the Economic and Financial Crimes Commission (EFCC in short) received a petition against the Appellant in this case in his former capacity as the former Executive Governor of Taraba State for diverse allegations amounting to economic and financial crimes under the Economic and Financial Crimes Commission Act 2004. This was followed by an investigation by the officials of the Commission which later confirmed the allegations. The investigation was followed by an application to prefer criminal charges against the Appellant on the 13th of July 2007. The application for leave to prefer the criminal charge was brought pursuant to Section 185 (b) of the Criminal Procedure Code. The learned trial Judge after consideration of the proof of evidence attached to the application invoked Section 2(1)(a) and (b) of the Criminal Procedure (Application for Leave to Prefer a Charge in the High Court) Rules 1970 to approve same. The Appellant was thereafter arraigned before the Court and he pleaded not guilty to all the forty-one counts in the charge. On the 10th of October 2007, the Appellant filed a Motion on Notice in which he sought orders quashing all charges.

The trial Court dismissed the application in its considered ruling delivered on the 20th of November 2007 for lacking in merit. As the Appellant was dissatisfied with the decision of the High Court, he filed an appeal to the Court of Appeal Abuja. The Court of Appeal heard the appeal on the three issues formulated for determination in the brief of argument of each party. On the 24th of February 2009, the Court of Appeal delivered a considered judgment dismissing the appeal. Being aggrieved by this decision, the Appellant filed a further appeal against the decision of the Court below.The next important revealing feature of the evidence was that the deceased dead body was found in the compound of the Appellant. How did it get there? It is there that the evidence of P.W.5, Odoma Orokugo and Nwehony Orota (P.W.6) the two wives of the deceased becomes relevant. Both testified that two brothers of the Appellant, Nwite Nwuzu and Iteshi Okuta came to their house in the late evening of 11/7/79 and invited the deceased for a drink. The deceased left with them. It was then night. The deceased did not return that night. The following day the two wives went to the compound of the Appellant where they found the lifeless body of the deceased with several matchet cut wounds.