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(2018) JELR 46249 (SC)    

Supreme Court  ·  SC.451/2017 ·  12 Jan 2018 ·  Nigeria
CORAM
MUSA DATTIJO MUHAMMAD Justice of The Supreme Court of Nigeria KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria EJEMBI EKO Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria
Core Terms Beta
appellant
preliminary objection
trial court
lower court
case
substantive issues
2nd respondent
lead judgment
senior counsel
exercise of discretion
federal high court
case submission
delivery of judgment
leading judgment
learned justices of the court of appeal
money laundering
suo motu
time of delivery of judgment
trial
court of appeal
final judgment
jurisdiction of the court
learned trial judge
miscarriage of justice
substantive issue
abuja division suo motu
accused person
arguments of counsel
brother kumai bayang akaahs jsc
charge no. fhc
chief tochukwu onwugbufor san
chima centus nweze
courts jurisdiction
cross examination
cross-examination
defence counsel
determination of the appeal viz
exercise of discretion of the trial court
federal government
interlocutory decision of the trial court
issue of award of contract
musa dattijo muhammad
notice of appeal
offences of money laundering
right of fair hearing
road blocks
rule of law
strict adherence

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): The appellant and 2nd respondent were arraigned before the Federal High Court sitting in Abuja in Charge No. FHC/ABJ/CR/05/2016 for the offences of Money Laundering contrary to Sections 1, 15(2)(d)(6) and 17(b) of the Money Laundering (Prohibition) Act 2011 (as amended). The case proceeded to trial and the prosecution called eight witnesses who were cross-examined by the defence before closing its case. Both the appellant and the 2nd respondent made a no case submission which was dismissed by the trial Court and they commenced their defence before filing the preliminary objection challenging the jurisdiction of the Court to entertain counts 1 and 2 of the Charge on the ground that the counts contain, as one of their ingredients, the issue of award of contract for which the Federal High Court has no jurisdiction to receive evidence in proof thereof. After listening to the arguments of counsel the learned trial Judge decide…

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