Abubakar V. Frn (2020)

LAWGLOBAL HUB Lead Judgment Report

CHIMA CENTUS NWEZE, J.S.C.

My Lords, this is one of those appeals, disingenuously, agitated by counsel with full knowledge of its futility. I will explain this further in the course of this short judgment.

The appellant was arraigned before Allagoa, J., at the Federal High Court, Jos Division, on July 29, 2011. Together with one Dauda Abubakar, they faced a three-count charge of offences contrary to, and punishable under Section 518 of the Criminal Code Act, Cap. C38 Laws of the Federation, 2004 and Section 15 of the Economic and Financial Crimes Commission Act, 2004.

Following the appellant’s not guilty plea, (he was the second accused person], the case went on trial – a trial which ended in his conviction and sentence. Having lost his appeal at the Court of Appeal, Jos Division, on the sole ground of improper arraignment at the trial Court, he, finally, approached this Court with the same complaint of improper arraignment. Against this background, it would not serve any useful purpose detailing the factual background.

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For the purpose of the sole issue in this appeal, only the record of proceedings on page 79 of the record would suffice. The record reads thus:

Court: read the charge.

Charge is read to the accused persons in English Language and interpreted from English to Hausa and the accused persons acknowledge they understand the charge.

To Count 1, first and second accused persons plead not guilty as charged.

To Count 11, first and second accused persons plead not guilty as charged.

To Count 111, first and second accused persons plead not guilty as charged.

As already indicated above, having lost his appeal at the Court of Appeal, Jos Division, on the sole ground of improper arraignment at the trial Court, he finally approached this Court with the same complaint of improper arraignment. His sole issue was framed thus:

Whether from the record of proceedings, there was a proper arraignment of the appellant before his trial, conviction and sentence by the trial Court for the lower Court to have affirmed same?

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