Element of Unfair/Corrupt Advantage

CASE TITLE: OLUSEGUN v. FRN (2025) LPELR-80700(SC)
JUDGMENT DATE: 14TH MARCH 2025
PRACTICE AREA: CRIMINAL LAW (OFFENCE OF CORRUPTION)
LEAD JUDGMENT: ADAMU JAURO, J.S.C.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on Criminal Law and Procedure.

FACTS:

This appeal is against the judgment of the Court of Appeal, Ibadan Division, which affirmed the judgment of the High Court of Justice, Ogun State, whereby the Appellant had been convicted as charged and sentenced to terms of imprisonment.

The Appellant as an accused person before the trial Court faced a 24-count information bordering on the offences of conferment of corrupt advantage upon oneself contrary to and punishable under Section 12 of the Corrupt Practices and Other Related Offences Act, 2002; fraudulent acquisition of property contrary to and punishable under Section 19 of the Corrupt Practices and Other Related Offences Act; and forgery contrary to and punishable under Section 467 of the Criminal Code Act.

​The facts as presented by the Respondent as prosecution were that the Appellant was a chief accountant in the Office of the Accountant General of the Federation deployed as the pay officer in charge of the Federal Pay Office (FPO), Abeokuta, Ogun State. He was said to have diverted sums of money totaling about N103 million for meal subsidies and capital projects meant for three federal government colleges in Ogun State into the accounts of his three companies, namely, Sogbest Concept Nigeria Limited, Toyin Olugbade & Sons Nigeria Limited, and Oris Fish Industries Nigeria Limited. He was also said to have forged the signature of one Mrs. Adetorin Adeoye (PW2) for the purpose of transferring monies from the account of the FPO to his companies’ accounts.

At the trial, the Respondent called three witnesses and tendered several exhibits, including the Appellant’s confessional statements. When the statements were about to be tendered by PW1, the Appellant’s counsel objected to the admissibility thereof on the ground of involuntariness. Precisely, he complained that the statements were made by the Appellant as a result of inducement by one Mr. Udofia, an officer of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), and that same rendered the statements inadmissible. This occasioned the conduct of a trial-within-a-trial wherein the Respondent called two witnesses and the Appellant testified for himself. At the conclusion of the trial-within-trial, the learned trial Judge found that the statements were voluntarily made and admitted them in evidence as Exhibits P11(a)-P11(f).

In his defence, the Appellant testified alone without tendering any exhibit. He denied the commission of the offences alleged.

At the time of the trial, the Appellant had refunded over N56 million.

After an exhaustive evaluation of the evidence led by the parties, the trial Court found the accused guilty and convicted him in respect of all 24 counts.

Dissatisfied, the Appellant  appealed to the Court of Appeal. The appeal was, however, unsuccessful, as the Court dismissed it and affirmed the judgment of the trial Court.

Further displeased, the Appellant commenced this appeal.

ISSUES FOR DETERMINATION:

The Court adopted the issues formulated by the Appellant, viz:

“1. Whether the lower Court was right to have held that the Appellant was not induced to make his confessional statements and that the confessional statements were properly admitted as Exhibits P11(a)-P11(f) by the trial Court.

2. Whether the lower Court was right to hold that the findings of the trial Court are amply supported by the evidence on the record and that proper probative values were ascribed to the evidence adduced at the trial.”

DECISION/HELD:

The appeal was dismissed.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CORRUPTION – Ingredients of the offence of conferring unfair advantage upon oneself under Section 19 of the ICPC Act, 2000
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CORRUPTION – What the element of unfair/corrupt advantage connotes under Section 19 of ICPC Act, 2000
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF CORRUPTION – Whether proof of acquisition of physical property is an element of the offence created by Section 12 of the Corrupt Practices and Other Related Offences Act
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF FORGERY – Meaning of forgery; elements of the offence of forgery
• CRIMINAL LAW AND PROCEDURE – OFFENCE OF FORGERY – Whether a signature qualifies as a writing within the context of Section 465 of the Criminal Code Act

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