FEDERAL REPUBLIC OF NIGERIA V. SENATOR OLAWOLE JULIUS ADEWUNMI

U. A. KALGO, J.S.C (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal, Lagos Division delivered on 13th June, 2002.

For a clear understanding of the facts and circumstances giving rise to this case, I find it necessary to give the background history of the events culminating to this appeal. By a charge sheet dated 24th March, 1997 containing seventeen (18) counts, the appellant instituted this action before the Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Tribunal sitting in Enugu. The charge sheet was signed by Mr. Emeka Ngige, a Private Legal Practitioner. Later, on the order of the Tribunal, the original charge sheet containing 18 counts was filed on the same day. It was also signed by Emeka Ngige, Esq.

The trial of the respondent commenced at the tribunal on the said counts charges, but could not be completed before the coming into effect of the 1999 Constitution on the 29th of May, 1999. With the advent of civi…