OSA OSUNDE vs. FEDERAL REPUBLIC OF NIGERIA

CORAM

ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JUSTICE OF THE COURT OF APPEAL OF NIGERIA

PARTIES

OSA OSUNDE APPELLANTS

FEDERAL REPUBLIC OF NIGERIA RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Appellant and six other persons were arraigned before the High Court of Lagos State on several counts of stealing, conspiracy and receiving stolen property. An objection was raised by the Appellant on the information preferred against him at the lower court on several grounds and he urged the court to quash the said information. The court in its ruling dismissed the Appellant’s application. Dissatisfied with the lower court’s ruling, the Appellant has appealed to this court maintaining that the information filed before the lower court is incompetent. It was argued that the prosecutorial powers of EFCC derives from the EFCC Act and that it is limited to prosecution of Economic and Financial Crimes; and also to Federal Crimes, but that it does not extend to prosecuting offences under the Criminal Code Law of a State.

HELD

Appeal Dismissed

ISSUES

Ø Whether the Information as instituted by the Attorney-General of the Federation and Economic and Financial Crimes Commission in Charge No.ID/160C/2011 before the Lagos State High Court is competent Ø Whether the preferment of the Information and the Counts and Statements of offence therein contained in the present Charge No. ID/160C/2011 and the said Information, itself against the Appellant do not constitute grievous abuse of process; and thereby liable to be quashed where:(a) the said Information was brought and/or filed during the pendency of the criminal proceedings in Charge No. FHC/L/294C/09 preferred against the Appellant before the Federal High Court, Holden at Lagos on alleged offences on the same set of facts; and(b) no prima facie case is disclosed in the proof of evidence in the said information against the Appellant? Ø Whether the Learned trial Judge did not fail in the duty to consider and determine the issue of the unconstitutionality of the provisions of Section 264(2) of the Administration (of) Criminal Justice Law of Lagos State, 2007 raised and argued upon at the Lower Court on behalf of the Appellant and, thereby occasioned a miscarriage of justice to the utmost prejudice of the Appellant?