CaseLaw
Onuh V. C.O.P (1994) CLR 2(f) (CA)
Brief
Facts
The appellant was at all times material to this appeal a Senior Finance Assistant in the office of the Accountant-General, Ministry of Finance, Benue State. He was the main cashier in the Government Sub-Treasury, Makurdi. He was incharge of payment by either in cheques or cash duly authorised for payment. He was arraigned before the Chief Magistrate Court, Makurdi for the offences of conspiracy, forgery and theft contrary to section 97, 364 and 288 of the Penal Code, applicable in Benue State. The offences were said to have been committed by him during the course of his duties between the months of May-October, 1989, and the appellant was arraigned before the court on 25th October, 1990. Objection to his prosecution was taken in limine when the First Information was read to him at the court of first instance. It was conceded at the hearing of the objection that the prosecution was out of time by S.2 (a) of the Public Officer's (Protection) Law. The argument was whether or not the law was applicable to Criminal Proceedings. The learned Chief Magistrate heard the objection and upheld same but the High Court on appeal overruled same. It will be simple and tidy for me to start from the known to the unknown because starting from the known might be tantamount to groping in the dark. Consequently, I would like to start with the case of Agbonmagbe Bank v. C.F.A.O. (1966) 1 All N.L.R. 140. In that case it was held (inter alia) that the principle guiding an appellate court in the hearing of an appeal against a decision is that the appellant must show that the decision appealed from was wrong. The decision appealed from in this appeal by the appellant is that of the Benue High Court holden at Makurdi in its appellate jurisdiction.
Issues
Whether or not Section 2(a) of the Public Officers (Protection) Law limits the...