An Enugu State High Court has set aside the conviction and one-year jail sentence of a legal practitioner, Chidiebere F. Agbo, who was found guilty by a Magistrate Court of giving false information to the police.
Justice Kenneth Okpe held that His Worship, D. K. Ekoh of Magistrate Court Grade 1 erred in law by relying on the prosecution’s evidence without considering the totality of evidence, including that of the defence.
The judge also ordered the refund of the N25,000 fine earlier paid by the appellant as an option in place of the custodial sentence.
Delivering judgment in the appeal marked NO: CM/824C/2017 and Eà/5CA/2021, Justice Okpe held:
“The Prosecution did not prove the elements of giving false information beyond a reasonable doubt nor prove that there was an intent by the accused to give an information knowing it to be false.
“The Honourable Court took the wrong view by relying solely on the evidence of the Prosecution rather than evaluating the totality of the evidence before the Court, including the evidence of the defence.”
The Magistrate Court had on November 18, 2020, convicted Agbo on two counts and sentenced him to one year in prison on each count, with an option of N25,000 fine on each.
The sentences were to run concurrently.
Dissatisfied, Agbo filed a notice of appeal on two grounds: that the decision was erroneous in law and that it was unreasonable based on the evidence presented.
With the court’s permission, he later filed an amended notice, introducing an additional ground, among others.
The appeal was delayed due to a judicial strike, which affected the timely compilation of the record by the Magistrate Court Registrar. The High Court later granted leave to amend the appellant’s brief and extend the time for filing.
Agbo, who held a Power of Attorney from Dr. Kevin Ochin regarding a parcel of land at Airport Road, Enugu, had deployed workers to the land, which led to a dispute.
Then Enugu East Local Government Chairman, Prince Cornelius Nnaji, halted the workers’ activities, claiming the land was part of a community lease agreement dating back to 1976.
Agbo subsequently petitioned the Commissioner of Police, accusing Nnaji of harassment and abuse of office. The police dismissed the allegations as unfounded and charged Agbo with giving false information.
At the trial, the prosecution presented three witnesses, while the defence called five. He was convicted, prompting the appeal.
Though the respondent’s counsel argued that one of the grounds of appeal was vague and that issues on sentencing were not raised in the lower court, Justice Okpe held otherwise.
“The court erred in law in finding the Appellant guilty in all the counts of the charge even when the Prosecution did not prove his case beyond a reasonable doubt as required by law.”
He further stated: “The view of this Court is that this is a valid ground of appeal and the law is trite that one valid ground of appeal can sustain an appeal.
“This court will therefore resolve this issue in favour of the appellant. With this resolution, the conviction and sentences of the appellant are liable to be set aside.
“But before I do that, let me determine the issue of whether the lower court was correct in its failure to take into consideration the provisions of the Administration of Criminal Justice Law of Enugu State 2017 in the matter of sentencing.”
Justice Okpe agreed with the appellant’s counsel that a custodial sentence was inappropriate for a non-violent offence.
He cited relevant sections of the Administration of Criminal Justice Law of Enugu State 2017, including Sections 391, 392, 420, 455, 469, and 489, which provide for alternatives to imprisonment.
In response to the respondent’s argument that the fine option constituted a non-custodial sentence, Justice Okpe clarified: “Let me correct a misconception by counsel for the respondent that the issue of sentence passed must have been canvassed and determined in the judgment before it can be raised as an issue on appeal.
“It is not clear to this court the stage of the proceedings at the lower court when the issue of sentence will be canvassed.
“This is because the sentence will be pronounced after allocutus, which is the last contribution by counsel for the accused person. And once a sentence is passed, the court becomes functus officio.”
Concluding, Justice Okpe held: “Overall, I believe that the appeal is partially successful; therefore, the conviction and sentences imposed by the trial court on the Appellant on November 18, 2020, are hereby set aside.
“In their place, I enter a verdict of not guilty in Charge No. CME/824C/2017. Consequently, the accused, now Appellant, Chidiebere F. Agbo, is hereby discharged and acquitted. Finally, I order that any money paid by the Appellant as an option for his custodial sentences be refunded to him.”
