The Enugu State High Court has set aside the conviction and one-year jail sentence of lawyer, Chidiebere F. Agbo, who was found guilty of giving false information to the police.
Delivering judgment in the appeal marked NO: CM/824C/2017 and Eà/5CA/2021,
Justice Kenneth Okpe held that the Magistrate Court erred in law by relying solely on the prosecution’s evidence without considering the totality of evidence, including the defence’s.
The court agreed 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.
Unfair Trial: The High Court found that the Magistrate Court did not evaluate the totality of evidence, leading to an unfair trial.
Lack of Proof: The prosecution failed to prove the elements of giving false information beyond reasonable doubt, nor prove that there was an intent by the accused to give an information knowing it to be false”.
Refund Ordered: The court ordered a refund of the N25,000 fine paid by Agbo as an option for his custodial sentence.
Discharge and Acquittal:
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.”
The Magistrate Court had on November 18, 2020, convicted Agbo on two counts and sentenced him to one-year imprisonment on each count, with an option of N25,000 fine on each. The sentences were to run concurrently.
Background
The case stemmed from a land dispute between Agbo’s client and the then Enugu East Local Government Chairman, Prince Cornelius Nnaji.
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, 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 for giving false information.
