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PROFESSOR AUSTINE OBASAHAN EMMANUEL EGHAREVBE SUNDAY IDUBOR IFEYINWA NNEKA OKOLUE V. FEDERAL REPUBLIC OF NIGERIA

(2010) JELR 56248 (CA)

Court of Appeal  •  CA/B/117/2006  •  4 Mar 2010  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA (Presided and Read the Lead Judgment) OYEBISI FOLAYEMI OMOLEYE JCA CHIOMA EGONDU NWOSU-IHEME JCA

Appearances
J. O. Aghimien SAN (with him, K. E. Mozia, Esq., H. E. Irabor, H -*- Esq., Miss V. J. Aghimien, Mrs. F. O. Oghahenhen, and Miss O. F. -*- Obadiaru ) - for the 1st Appellant. -*- N. P. Osifo Esq, (with him, E. Iderari Esq.) - for the 2nd Appellant. -*- A T. E. Ogbeide-Ihama Esq. (with him, Mrs. D. G. Abu, G. I. Ogbeide, Esq.,) - for the 3rd Appellant. -*- I, Ilueminosen, Esq. - for the 4th Respondent. -*- H.O. Afolabi Esq. (with him, L. L. Akanbi, Esq.) - for the Respondent in all 4 Appeals.

Judgement

AUGIE JCA (Delivering the Lead Judgment): The 1st appellant was the chief medical director of the University of Benin Teaching Hospital [UBTH), when the then Minister of Health, Professor A. B. C. Nwosu, visited Benin to attend the wedding of Chief TonyAnenih’s daughter on 16 November 2001. Apart from N34,050.00 (thirty-four thousand, fifty naira) given to the supervisor of the UBTH Guest House, where the Minister and his entourage spent the night, the sum of two million naira was approved, disbursed, and retired as expenditure during the visit.

However, a petition dated 2 April 2002 and titled “carnival of fraudsin University of Benin Teaching Hospital, Benin City”, was addressed to the chairman of the Independent Corrupt Practices and Other Related Offences Commission [ICPC], by the chairman, Senior Staff Association, chairman and secretary of Medical and Health Workers Union of Nigeria in UBTH. A team of investigators with the ICPC were detailed to go to UBTH and investigate the s…

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