HON. EMMANUEL EGWABA V. FEDERAL REPUBLIC OF NIGERIA

OGUNTADE, JCA (Delivering the Lead Judgment): The appellant was the accused in Charge No. KG/KPC/1/2002, before the Lokoja High Court of Kogi State. He faced a two-count charge. He was however discharged and acquitted on the 2nd count. He was convicted on the 1st count and sentenced to three years imprisonment with N100,000.00 fine. The said 1st count reads: “Awarding on or about September, 2000, at Onyedega, Kogi State, a contract for the construction of mobile telephone project to Efedo Nigeria Limited to the tune of four million, nine hundred and eighty two thousand naira (N4,982,000.00), without budgetary provision, approval and cash backing, contrary to and punishable under section 22(4) of the Corrupt Practices And Other Related Offences Act, 2000.” The prosecution called nine witnesses. The appellant testified in his own defence and called his witnesses. The lower court (coram Medupin J.) gave judgment on 30/9/02. The judgment is prolix and runs 45 foolscap pages. The appella…