CaseLaw
Osondu V. FRN (2000) CLR 11(m) (CA)
Brief
Facts
The subject matter of the charge is the fraudulent withdrawal of money which was in foreign bank, that is, Credit Suisse Geneva in Switzerland. The money which was in foreign currency was withdrawn from that bank from the account held by a Panamanian registered company known as PASCO (Panama) S.A whose president and owner is a Nigerian by name Chief Emmanuel Oti (PW6) and whose also is the sole operator of or signatory to the said account.
According to the prosecution, the appellant approached one Yusuf Ibrahim (PW2) and solicited for banking accounts held in foreign country representing to the said Yusuf Ibrahim that he had a brother in London who wished to transfer substantial amount of foreign currency to such account for remittance to Nigeria. As PW2 had no such account, he approached his business colleague, Taisu Musa Abubakar (PW3) who procured two foreign account numbers from Bieta Bala (PW4) and Abubakar Abdulahi (PW5). These accounts were held in banks in Jakarta (Indonesia) and Hong Kong respectively by PW4 and PW5 jointly with others. On various dates viz: 28/7/96 and 10/7/96 and 1/8/96 the Credit Suisse Switzerland Bank (Swiss Bank for short) received letters of instructions Exhibits A7, A9, and A11 purporting to emanate from Chief Emmanuel Oti directing the transfer of the sums of $250,000, $400,000, and $300,000 American Dollars respectively from the accounts of PASCO (Panama) S.A to the foreign account numbers of PW4 and PW5. The instructions were carried out. On the information by the appellant to PW2 vide telex advices, Exhibits 12 and 13 that the transfers had been effected and confirmation to that effect by PW4 and PW5, the latter, that is PW4 and PW5 then arranged to pay the equivalent amount in Naira in Nigeria of the money transferred upon an agreed exchanged rate to the appellant through PW2 and PW3 who after deducting their commission paid over the balance of the proceeds to the appellant who in turn lodged the money in his several accounts with Citizens International Bank Limited Agidingbi branch, Ikeja, Lagos and from those accounts various sums were transferred to Diamond Bank Limited and Chartered Bank Limited, both in Lagos. The fraud came to light when Chief Emmanuel Oti of No. 40 Norman Williams Street, S.W. Ikoyi, Lagos called at the Swiss bank in Geneva on 14th August, 1996 to transact and was told that the business could not be transacted due to lack of funds in his account from which there had been several withdrawals. He was alarmed at the information and upon being shown the letters of instructions viz: Exhibits 7, 9, 11 and similar other documents, he denied their authorship. Thereafter, by his counsel, Mr. Clement Akpamgbo, SAN he lodged a report to Nigeria Deposit Insurance Corporation (NDIC) which in turn referred the matter to the Police for investigation. In the course of the investigation, the police located and arrested the appellant who made several statements. In his first statement to the Police dated 22nd March, 1997, he described himself as a marketing executive with his address at No. 17B, Ramat Crescent, Ogudu GRA, Lagos. The thrust of his defence was that it was one Charlie whose surname was not mentioned who masterminded the fraud and that although he procured the foreign account numbers in Jakarta and Hong Kong, he only came to realise the nature of the transactions when the said Charlie revealed to him that the money that was being transferred was from somebody’s account. The appellant stated that the said Charlie was from Warri but was at one time a student of the Institute of Management and Technology, Enugu. He said that it was he, Charlie who collected the greater part of the proceeds of transfer leaving only 30% to the appellant as commission. All efforts by the Police to establish the identity of Charlie and locate his whereabouts proved abortive.
At the conclusion of the case for the prosecution, the defence made a no case submission and on its being overruled, the defense rested its case on the prosecution’s case and declined to give or call any evidence. Thereupon the failed Banks Tribunal Chairman, Donli J., in a reserved judgement delivered on 10th November, 1998 convinced the appellant on all the eight counts of the charge and sentenced him to ten years imprisonment in respect of each of each counts 1 to 3, and 5 years imprisonment in respect of each of counts 4 to 8. The sentence were to run concurrently. In addition, the Tribunal made an order that all the movable and immovable property of the appellant be forfeited to the Government and transferred to Emmanuel Oti (PW6).
The appellant was dissatisfied with the conviction and sentence, he appealed to the defunct Special Appeal Tribunal. However, consequent upon the provisions of section 7(1) of the Tribunals (Certain Consequential Amendments, etc.) Decree No. 62, 1999, which confers on the Court of Appeal, the jurisdiction to hear an appeal from a person convicted under the Decree, the appellant’s appeal was referred to the Court of Appeal for determination.
Issues
Whether the Failed Banks tribunal had jurisdiction to entertain the...