FEDERAL REPUBLIC OF NIGERIA V THOMAS ISEGHOHI


In the Supreme Court


On FRIDAY, 12TH APRIL 2019


SC.838/2017


Before Their Lordships

IBRAHIM TANKO MUHAMMAD AG. CJN JSC

MARY UKAEGO PETER-ODILI JSC JSC

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC JSC

AMIRU SANUSI JSC (Delivered Lead Judgment) JSC

PAUL ADAMU GALUMJE JSC JSC

Between

FEDERAL REPUBLIC OF NIGERIA

And

THOMAS ISEGHOHI


Issue:

The Respondent was the Group managing Director of Trans National Corporation of Nigeria(Trans Corp). He was, along with two others, arraigned by the appellant herein, before the Federal High Court (the trial court) on a 32 count charges of offences of Conspiracy, money Laundering and Advance Fee Fraud etc. During his trial, the prosecution called five witnesses to prove its case and tendered several documentary exhibits and finally closed its case. At the end of the prosecution's case, the respondent decided to make "No Case Submission" by filing written address on the No Case submission. On its part, the appellant filed its response to the No Case Submission. The learned trial judge Hon. Justice E.S. Chukwu (of blessed memory) delivered his ruling on the 'No Case Submission' and overruled it and dismissed same and thereby ordered the respondent to enter his defence on the charges. On the date the trial court fixed the case for the commencement of defence by the respondent, the respondent and his other co-accused informed the court that they had no defence to enter on the charges and decided to rest their case on that of the prosecution. The trial court hereupon adjourned the case for Final Address by the parties. Then parties filed and exchanged their final written addresses. But before the adoption of the written addresses, the respondent filed a motion for stay of proceedings. The trial court thereupon stayed the proceedings and adjourned the matter sine die pending the determination of the appeal filed before the lower court. On 16th of May 2017, the court below delivered its considered judgment overruling the decision of the trial court on the No Case Submission. Dissatisfied with the judgment of the lower court, the appellant, herein appealed to the supreme court.

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