HONOURABLE HOSEA AYOOLA AGBOOLA V. FEDERAL REPUBLIC OF NIGERIA

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): Before the Oyo State High Court of Justice, Ibadan Judicial Division presided over by Hon. Justice O. A. Boade, the Appellant and two others were arraigned on an eleven counts charge of conspiracy to commit and the commission of sundry offences of awarding certain contracts without budgetary provisions. That the offences are contrary to Section 26(1)(c) and punishable under Section 22(4) of the Corrupt Practices and Other Related Offences Act, 2000, and also contrary to Section 8 and punishable under Section 1(3) of the Advanced Fee Fraud and Other Fraud Related Offences Act, 2006. Specifically, the Appellant herein, was charged under counts 1-5. Upon arraignment, he pleaded not guilty to all the counts with which he was charged. Thereafter, he filed a Motion on Notice dated the 16/12/2011 and filed the 22/12/2011. The Motion was brought pursuant to Section 36(6) and (12) of the Constitution of the Federal Republic of Ni…