The Federal Government has appealed a Lagos State High Court judgment which discharged and acquitted Emirates Airlines, and 10 others, of complicity in the theft of four bags containing $1,630,000 belonging to a businessman, Prince Chu Ikem Orji.
Justice Mohammed Idris, on April 10, held that there was no evidence suggesting any form of collusion by the defendant.
In a notice of appeal by its lawyer, Mr Michael Oson, the government asked the Court of Appeal to reverse the acquittal and uphold its appeal.
The other defendants are Pathfinder International Limited, Nigeria Aviation Handling Co. Plc., Abayomi Adekanbi Abiola, Isiaka Adegoke Adedeji, Awonubi Abayomi and George Ikpekhia.
The prosecution said they, with others, who are at large, on December 19, 2007, at Murtala Mohammed Airport, Ikeja, conspired to commit a felony.
“They allegedly stole four bags (EK 428682, EK 428583, EK 650162, EK 650161) belonging to Prince Chu Ikem Orji, one of which contained $1,630,000, on the promise of keeping them intact for onward delivery to him at Guangzhou China.
The offence is contrary to and punishable under Section 516 of the criminal Code Act, Cap C38, Laws of the Federation of Nigeria, 2004.”
Justice Idris described the conspiracy allegation as a “fairy tale”, insisting that there was no evidence to substantiate it.
According to the judge, the prosecution’s evidence did not support the offence of conspiracy, saying the prosecution failed to prove its case beyond reasonable doubt.
Dissatisfied, the Federal Government appealed, formulating 14 grounds.
It said Justice Idris erred in law by not attaching any evidential value to some exhibits because they were unsigned.
“Justice Idris erred in law when he held that by virtue of exhibit A contradicting exhibits A3, A5, E, E1 and E1, the missing bags containing $1, 630, 000, samples of goods and valuable documents belonging to the PW3, left Nigeria as against the charge before the court.
“The judge erred in law by holding that ownership of the money, an essential ingredient of the offence of stealing, was not proven by failure to call other contributors and the business partner of PW3, thereby leaving the issue of the missing luggage unattended to.
“The learned trial judge erred in law by holding that the PW3 ought to disclose that he had $1,630,000 on him at the earliest opportunity in exhibit F1.
“He also erred when he held that the counts in the offences of wilful destruction of evidence were inelegantly drafted and as such not proved.”
The Federal Government is praying the appellate court to convict Emirates Airlines and the others. No date has been fixed for hearing.