MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an Appeal arising out of the interlocutory decision of Honourable Justice N. M. ONIYANGI of the Federal Capital Territory, Abuja delivered on 1st day of March, 2013 dismissing the No case submission of the Appellant.
The Appellant was arraigned before the Court on a seven (7) Count charge of transferring and spending various sums of monies allocated from the Personnel Account of the Nigerian Building and Road Research Institute (NBRRI) to its Overhead Account thus contravening Section 22(5) of the Independent Corrupt Practices and Other Related Offences Act 2000.
The counts against the Appellant as the Director-General of the Institute are reproduced as follows:-
Count One
That you Dr. Joseph Ageje Ali (M) sometime in the month of March, 2004 or thereabout at the Nigerian Building and Road Research Institute (NBRRI) in Abuja, Federal Capital Territory being a Public Officer Serving as the Director General and Chief …