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FEDERAL REPUBLIC OF NIGERIA v. NASIRU YAHAYA

(2019) LPELR-46379(SC)

In The Supreme Court of Nigeria

On Friday, the 25th day of January, 2019

SC.645/2014


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

EJEMBI EKO Justice of The Supreme Court of Nigeria


Between

FEDERAL REPUBLIC OF NIGERIA - Appellant(s)

AND

NASIRU YAHAYA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the Court of Appeal sitting in Sokoto.

The background facts of the case are that the respondent who was a businessman and who specialized in the supply of fertilizer was engaged by the PW1 to supply him with 36 truckloads of fertilizer at the cost of N64,800,000.00 which money was paid into respondent's bank account. The respondent immediately distributed the money to his business partners for the supply of the trucks of fertilizer and no particular period was agreed upon by the parties within which the transaction would be perfected. 
After the distribution of the money to his business partners, PW1 called the respondent stating that he was no longer interested in the business and that the respondent should return the money. No reason was proffered for the change of mind.
The respondent pleaded for a period of one month within which to get back the monies from his business partners and PW1 agreed. However. four days after the agreed arrangement EFCC operatives started harassing the respondent in his house and the EFCC operative beat up and arrested security personnel of the respondent and later respondent himself was arrested and charged before the High Court of Zamfara State for criminal misappropriation. The High Court acquitted and discharged the respondent and the appellant dissatisfied appealed to the Court of Appeal which reversed that decision and ordered a re-trial which dissatisfied the appellant and it appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on this sole issue couched as follows:
"Whether the learned Justices of the Court of Appeal were right in making an order of re-trial having set aside the acquittal of the respondent?"

DECISION/HELD:
On the whole, the Court found no merit in the appeal and accordingly dismissed same.


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