UWANI ABBA-AJI, J.C.A. (Delivering the Leading Judgment): This appeal is against the Ruling of the High Court of the Federal Capital Territory, Abuja, presided over by Hon. Justice Salisu Garba in Charge No: FCT/HC/CR/48/2008 delivered on the 31st July, 2008, wherein the court dismissed the application to quash the charges against the Appellant and the other accused persons.
The Appellant and the 2nd - 11th Respondents were arraigned on 5th April, 2008 on 54 counts charge of conspiracy to commit criminal breach of trust, dishonestly receiving money contrary to Sections 97, 315 and 317 of the Penal Code. The charges arose from the large scale fraud in the Federal Ministry of Health in December, 2007. The Appellant was charged with counts 1,2,3,4,5,6,7,8,9,10,11,12,13,39 and 55 which counts relate to the following offences:-
1) Counts 1 and 55. Conspiracy to do an illegal act.
2) Counts 2,3,4,5,6,7,8,9,10,11,12,13 criminal breach of trust.
3) Count 39. Dishonestly receiving money belon…