NGWUTA JSC (delivering the lead judgment): This is one of the six appeals brought against the judgment of the Lagos Division of the Court of Appeal, which affirmed the judgment of the High Court of Lagos State, Ikeja Judicial Division.
The appellant and five others and others said to be at large were arraigned on information containing 163 counts before the IkejaDivision of the High Court of Lagos State on 8 August, 2008. First and second accused persons before the trial court were the Chairman, Board of Directors of Nigerian Ports Authority and Managing Director of the Nigerian Ports Authority, respectively. The appellant as 3rd accused, and 4th, 5th and 6th accused persons (now appellants) were members of the Board of Directors of Nigerian Ports Authority. Each pleaded not guilty to each of the 163 counts of the information.
On 24 October, 2008, the information was amended by withdrawal of some of the counts therein contained. The amended information had 68 counts and each of the ac…