ADAMU JAURO, J.C.A. (Delivering the Leading Judgment): The appeal herein is against the judgment of the Adamawa State High Court of Justice, Yola delivered on 2nd February, 2012 in case number FRN/IC/2010.
A summary of the facts culminating in this appeal is hereby made as follows: Pursuant to a petition dated 2nd May, 2007 signed by one Alhaji Bubajoda Koncha on behalf of Toungo concerned citizens, the Economic and Financial Crimes Commission (EFCC) commenced investigation against the two respondents. The petition alleged embezzlement of the sum of N25 Million obtained as loan by Toungo Local Government of Adamawa State from Union Bank Plc, with the consent of the Ministry for Local Government and Chieftaincy Affairs, Adamawa State. The 1st respondent was the former Chairman Toungo Local Government Council of Adamawa State, while the 2nd respondent the Director of Finance/Treasurer of the same Local Government.
Upon the completion of investigation by the EFCC, the 1st and 2nd respond…