SYLVESTER NOSIKE UBAZI V. FEDERAL REPUBLIC OF NIGERIA

CHIOMA NWOSU-IHEME, JSC (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal, Owerri Division delivered on November, 2018 overturning the decision of the trial Court which had upheld the No case submission made by the Appellant before the trial Court.

The Appellant was at the trial Court charged with the following offences:

Statement of Offence: 1st Count

Making statement with intention to mislead a public contrary to Section 25(1)(a) and punishable under Section 25(1)(b) of the Corrupt Practices and Other Related Offences Act, 2000.

Statement of Offence: 2nd Count

Receiving public funds by means of an act which constitutes a misdemeanor contrary to Section 13 and punishable under Section 14 of the Corrupt Practices and Other Related Offences Act, 2000.

Statement of offence: 3rd Count

Making statement which is inconsistent to a public officer in the exercise of the duties of his office contrary to and punishable under Section 25(1)(b) of the Corru…