BODE RHODES-VIVIOUR, J.S.C. (Delivering the Leading Judgment): In an amended twelve count charge filed before the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal, the appellant as accused person was charged on counts 1, 9, 10, 11, and 12. He was found guilty on counts 9 and 11 and sentenced on count 9 to N100,000 fine or 2 years imprisonment, and on count 11 to N5,000 fine or 6 months imprisonment.
Dissatisfied with the judgment he appealed. The appeal came before the Court of Appeal, Benin Division. The concluding paragraph of the judgment of that court reads:
"On the whole, for the reasons stated above by me, this appeal succeeds in part and it is hereby allowed appropriately. The conviction and sentence of the appellant pursuant to count 9 of the Amended Charge by the Tribunal are affirmed and confirmed respectively and accordingly. However, the appellant's conviction and sentence on count 11 are quashed and I hereby order that the said count 11 agains…