The Court of Appeal sitting in Abuja has annulled the 14-year jail term imposed on Harrison Ndika Uchenna, an official of the Nigerian Midstream Downstream Petroleum Regulatory Authority (NMDPRA), after he was convicted by the Federal Capital Territory (FCT) High Court on charges of forgery and using forged documents.
In a unanimous ruling, a three-member panel of the appellate court also overturned the trial court’s one-year prison sentence or N50,000 fine for Uchenna’s conviction on criminal trespass.
The judgment was delivered on an appeal marked: CA/ABJ/CR/634/2022, filed by Uchenna against the judgment handed down on October 11, 2021, by Justice Yusuf Halilu of the High Court of the FCT.
Uchenna had been prosecuted by the police on five counts, which included giving false information to the police, engaging in forgery, using forged documents as genuine, and criminal trespass.
Upon his arraignment, Uchenna pleaded not guilty to the charges.
However, at the conclusion of the trial, Justice Halilu convicted him on all five counts.
The trial court sentenced Uchenna to two years imprisonment or an option of N50,000 fine for counts one, three, and five, while counts two and four related to criminal trespass and the use of forged documents as genuine resulted in a 14-year prison sentence without the option of a fine.
In the lead judgment of the Court of Appeal, Justice Peter Obiorah partially allowed the appeal filed by Uchenna’s lawyer, Dr. Ogwu Onoja (SAN).
Justice Obiorah stated that the trial court erred in convicting Uchenna on the charges of forgery, using forged documents, and criminal trespass, as the prosecution failed to prove these offences beyond a reasonable doubt.
As a result, Uchenna was acquitted on counts three, four, and five, which involved forgery, using forged documents as genuine, and criminal trespass.
Justice Obiorah, however, upheld Uchenna’s conviction for counts one and two, which related to providing false information.
The appellant, Uchenna, has since appealed this decision to the Supreme Court.
In the certified true copy (CTC) of the judgment, delivered on September 23, Justice Obiorah said: “I have resolved issues one and two in favour of the respondent (the prosecution).
The effect is that the conviction of the appellant by the trial court on counts one and two, which are offences bothering on giving of false information, is correct.”
“In the same vein, I have resolved issues three and four in favour of the appellant. This means that the conviction of the appellant for the offences of forgery and criminal trespass by the trial court cannot stand. Consequently, this appeal against the judgment of Halilu, J. of the High Court of the Federal Capital Territory, Abuja in Charge No. FCT/HC/CR/171/2018 delivered on 11th October, 2021, succeeds in part.”
“The conviction and sentence of the appellant in respect of counts one and two of the charge whereby the trial court imposed a sentence of two years imprisonment with an option of fine of N50,000.00 in respect of count one, and one year imprisonment with an option of fine of N50,000.00 in respect of count two, is hereby upheld and affirmed.”
“The conviction and sentence of the appellant in respect of counts three, four and five of the charge, whereby the trial court imposed a sentence of 14 years imprisonment without option of fine for counts three and four, and sentence of one year imprisonment with option of fine of N50,000 for count five, is hereby set aside. The appellant is hereby discharged and acquitted in respect of the conviction on counts three, four and five,” Justice Obiorah concluded.
Justices Hamma Barka and Abba Mohammed, who were also part of the panel, agreed with the lead judgment.
