JOHN AFOLABI FABIYI, JSC (Delivering the Leading Judgment): This is an appeal by the appellant against the judgment of the Court of Appeal, Lagos Division ('the court below' for short) delivered on 21st January, 2011 wherein the conviction and sentence of the appellant by the High Court of Lagos State, Ikeja Division ('the trial court' for short) on 26th October, 2009 was affirmed.
It is apt to state briefly the relevant facts of the matter culminating to this appeal. The appellant was, at all material times, the Chairman of the Board of Directors of Nigeria Ports Authority ('the Authority' for short). He was charged before the trial court along with the Managing Director of the Authority and four available members of the Board as well as others said to be at large. They all held office from 2001-2003.
On 8th August, 2008, the appellant along with five others and those said to be at large were arraigned on 163-count information. The appellant pleaded not guilty to all the counts. The …