LawPavilion Online


Back

ADEKANYE KOMOLAFE v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-44496(SC)

In The Supreme Court of Nigeria

On Friday, the 18th day of May, 2018

SC.817/2015


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria


Between

ADEKANYE KOMOLAFE - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - 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 Ibadan. 

The Appellant and one Mrs. Ruth Adehwe Aweto were bursar and provost respectively of Federal Cooperative College, Ibadan. They were arraigned before the Oyo State High Court, Ibadan charged with offences bordering on contravention of Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act, 2000. The two of them prepared and submitted nominal rolls and Budget proposals for the staff of the college for 2006, wherewith they presented 41 casual staff as permanent staff. As a result of such presentation to the Federal Government, the sum of N7,041,861.15 was released every year as salaries and emoluments for the 41 casual staff, whereas the actual amount that was paid to the casual staff was N3,690,000.00 only. 

During the trial the prosecution called five witnesses and tendered several documents in evidence. The Appellant and his co-accused testified in their defence and called additional four witnesses.  At the end of the trial and in a reserved and considered judgment, the Appellant and his co-accused were each convicted under counts 5, 6, 7 and 8 and sentenced to one year imprisonment on each count. The sentences were ordered to run concurrently. 

The Appellant was dissatisfied with the judgment of the High Court. Being aggrieved, he appealed to the Court of Appeal, Ibadan, where his appeal was dismissed. Further aggrieved, the Appellant appealed to the Supreme Court.

ISSUES:
The Court determined the appeal on the issues raised by the Appellant and couched as follows:

1. Whether the High Court of Oyo State had the jurisdiction to try the Appellant for the offences charged particular regard being had to the combined effects of the provisions of Sections 251(1)(p) and 251(3) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended)?

2. Whether in the absence of proof of a corrupt intent in the preparation of the budget proposals, the prosecution successfully discharged the burden of proof required for the conviction of the Appellant under the provisions of Section 17(1)(c) of the Corrupt Practices and Other Related Offences Act 2000.

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


Read Full Judgment