CORAM

---

HAMMA AKAWU barka -Justice of the Court of Appeal

ADEMOLA SAMUEL BOLA -Justice of the Court of Appeal

KENNETH IKECHUKWU AMADI -Justice of the Court of Appeal

---

PARTIES

---

AMINU SIDI

APPELLANTS 

---

FEDERAL REPUBLIC OF NIGERIA & 8 ORS

RESPONDENTS 

---

AREA(S) OF LAW

---

CRIMINAL LAW, CONSTITUTIONAL LAW, ADMINISTRATIVE LAW, PUBLIC SERVICE LAW, MONEY LAUNDERING, EVIDENCE LAW, CIVIL PROCEDURE, JURISDICTION

 

---

SUMMARY OF FACTS

The appeal arose from the Federal High Court’s dismissal of the appellant’s preliminary objection to his prosecution. The appellant and others were charged with money laundering offenses related to the alleged misuse of Duty Tour Allowance (DTA) while employed at the Federal Inland Revenue Service (FIRS). The appellant challenged the court’s jurisdiction, arguing that the Economic and Financial Crimes Commission (EFCC) could not prosecute him without prior investigation and disciplinary action by the Federal Civil Service Commission and FIRS Board. He also contended that the proof of evidence did not disclose a prima facie case of money laundering and that the charges were defective due to lack of specific dates.

 

---

HELD

---

1. The appeal was partially allowed.

2. The Court held that prior investigation by the Federal Civil Service Commission was not a condition precedent to EFCC prosecution.

3. The proof of evidence did not establish a prima facie case of money laundering as DTA was not proceeds of unlawful activity.

4. The charges were quashed due to lack of prima facie evidence of money laundering.

5. The absence of precise dates did not render the charges defective.

 

 

---

ISSUES

---

1. Whether the provisions of Section 158(1) of the Constitution, the Public Service Rules, and Paragraph 11(1) of the Third Schedule to the Constitution are conditions precedent for the appellant’s arraignment.?

2. Whether the content of the proof of evidence supports the charge of money laundering.?

3. Whether the absence of precise dates in the charge sheet renders the charge defective.?

 

 

---

RATIONES DECIDENDI

---

JURISDICTION – CONDITIONS FOR PROSECUTION OF PUBLIC SERVANTS

---

“Neither the provisions of the constitution i.e. Section 158(1) and Paragraph 11(1) places on the path a huddle that need be crossed before a public officer could be prosecuted in the Court either by the EFCC or any other prosecuting agency or body.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

DISCIPLINARY ACTION AND CRIMINAL PROSECUTION – CONCURRENT POWERS

---

“While an in-house investigation may be conducted and discipline exercised, failure to follow the process would not render nugatory any prosecution subsequently by a law enforcement agency or deprive the trial Court the jurisdictional power and authority to adjudicate over the matter.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

PRIMA FACIE CASE – DEFINITION AND REQUIREMENTS

---

“What then is the meaning of the expression ‘prima facie case’… Prima Facie therefore literally means on the first appearance. Applied to the onus of proof in the law of evidence, a ‘prima facie case’ is a case supported by such quantum of evidence on every material issue that, of no evidence is called by the other side.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

PROOF OF EVIDENCE – REQUIREMENT FOR TRIAL

---

 “A citizen does not deserve to go through the rigours of criminal trial if no prima facie case is established against him and his innocence can then be established before he is called upon to bear that burden.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

PROCEEDS OF UNLAWFUL ACT – SCOPE AND DEFINITION

---

 “Money paid to the staff of the FIRS as a DTA cannot be said to be a proceed from an unlawful act. Therefore, the payment does not come within the ambit of Section 18(2) and (6) of the Money Laundering Act.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

MISCONDUCT IN PUBLIC SERVICE – DEFINITION

---

“‘…misconduct as a specific act of wrong doing or an improper behavior which is inimical to the image of the service and which can be investigated and proved. It can also lead to termination and retirement.'” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

ELEMENTS OF MONEY LAUNDERING – NECESSITY OF PREDICATE OFFENSE

---

“Money laundering cannot stand or hang on its own without an illegal source (predicate offence). The Money Laundering Act 2022 does not make a Duty Tour allowance an illegal proceeding or proceed of an unlawful act.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

DEFECTS IN CHARGE – EFFECT OF IMPRECISE DATES

---

 “The failure of the prosecution to state precise date on the charges against the Appellant and the 2nd – 9th Respondents is immaterial to the validity of the charge. The absence of a precise date does not render a charge invalid or defective as long as the accused person is not misled by the defect.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

EFCC POWERS – SCOPE OF AUTHORITY

---

“The 1st Respondent (EFCC) is clothed with the authority to investigate and prosecute offences committed by public servants without such offence first being investigated by the Federal Civil Service Commission and the Federal Inland Revenue.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

APPLICATION OF PRECEDENT – DISTINGUISHING CASES

---

“It is important to note that a case is solely an authority for what it decides.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

PRIMA FACIE EVIDENCE – SUFFICIENCY TEST

---

“Having closely and meticulously examined the proof of evidence, I come to the conclusion that the proof having failed to disclose prima facie case reveals no sufficiency of evidence in this regard.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

DUTY TOUR ALLOWANCE – PURPOSE AND REGULATION

---

“Duty tour allowance is granted to enable officer for lodging and feeding expenses during official tours duly approved by the official authority…” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

ADMINISTRATIVE MISCONDUCT VS CRIMINAL OFFENSE

---

 “Failure to utilize the allowance for the purpose it is meant or failure to retire or return the unutilized allowance to the establishment at best constitute misconduct under the Public Service Rules and the FIRS Act.” – Per ADEMOLA SAMUEL BOLA, J.C.A.

 

---

CASES CITED

---

---

STATUTES REFERRED TO

---

1. Constitution of the Federal Republic of Nigeria 1999 (as amended)

2. Money Laundering (Prevention and Prohibition) Act, 2022

3. Economic and Financial Crimes Commission Act

4. Federal Inland Revenue Service Act

5. Administration of Criminal Justice Act 2015

6. Public Service Rules 2008

CLICK HERE TO READ FULL JUDGEMENT

---