CASE TITLE: ATABO v. FRN (2023) LPELR-61080 (CA)
JUDGMENT DATE: 25TH JUNE, 2023
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: YARGATA BYENCHIT NIMPAR, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal against the decision of the High Court of the Federal Capital Territory, Abuja division, delivered on March 2, 2020, in Charge No. FCT/HC/CR/144/2016, wherein the Court below found the Appellant guilty on all 15 counts for the offense of misappropriation and forgery pursuant to Sections 309 and 364 of the Penal Code (respectively).
The Appellant/Defendant was the chairman of the Parents Teachers Association (PTA) of Esteem International School. By reason of this position, he is a cosignatory with one Mariya Sirajo (PW4) to the PTA’s First Bank Account. Sometime in 2012, during the Appellant’s tenure as chairman, it was discovered that about N8,810,000.00 (Eight Million, Eight Hundred and Ten Thousand Naira only) was alleged to have been transferred from the PTA’s account to the Appellant’s personal account. The Appellant was arrested and thereafter arraigned before the Court below on a 15-count charge of misappropriation and forgery.
The amended charge was dated May 23, 2016.
The respondent/prosecution called a total of five witnesses and tendered exhibits A, B, C, D, E, F, G, I, J, K, L, M, N, O, P, Q, and R. The Appellant alleged that Exhibit M (the confessional statement) was not voluntarily made. A trial within a trial was conducted, after which the confessional statements were admitted as evidence. The Appellant/Defendant called five witnesses and tendered Exhibits DI to D12. At the end of the trial, the Court below found the Appellant guilty and convicted the Appellant on all 15 counts.
Consequently, the Appellant was convicted and sentenced to two years imprisonment on Count 1 and 14 years imprisonment on Counts 2 to 15, both running concurrently pursuant to Section 319 of the Administration of Criminal Justice Act.
Dissatisfied with the decision, the Appellant filed this appeal.
ISSUE(S) FOR DETERMINATION:
The appeal was determined on the following issues:
Put another way, whether Section 17(1) and (2) of the Administration of Criminal Justice Act LFN 2015 can be given a permissive construction instead of a mandatory construction?”
DECISION/HELD:
The appeal was dismissed.
RATIOS:
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