The Enugu State High Court has overturned the conviction and one-year jail sentence earlier handed to legal practitioner, Chidiebere Agbo, who had been found guilty of providing false information to the police.
Delivering judgment in the appeal marked NO: CM/824C/2017 and EA/5CA/2021, Justice Kenneth Okpe ruled that the Magistrate Court failed to properly evaluate the full body of evidence before arriving at its decision.
The court held that the trial Magistrate, D. K. Ekoh, erred by relying solely on the prosecution’s evidence while ignoring that presented by the defence.
“The prosecution did not prove the elements of giving false information beyond reasonable doubt, nor did it prove that the accused intended to provide false information,” Justice Okpe stated.
“The court took the wrong view by relying solely on the prosecution’s evidence, rather than evaluating the totality of the evidence before it, including that of the defence.”
Agbo was found guilty on November 18, 2020, of two counts and sentenced to one year’s imprisonment on each, with an option of a ₦25,000 fine per count. The sentences were to run concurrently.
Dissatisfied with the ruling, Agbo appealed on two grounds, arguing that the decision was flawed in law and unsupported by evidence. He later amended the appeal to include an additional ground. The High Court granted leave for the amendment and allowed an extension of time to file necessary documents, citing delays caused by a judiciary workers’ strike.
Agbo’s legal troubles stemmed from a land dispute. Acting under a Power of Attorney for Dr. Kevin Ochin, he oversaw a piece of land along Airport Road, Enugu, registered to Ochin’s company, Ekochin Limited.
When workers were deployed to the land, they were stopped by Prince Cornelius Nnaji, then Chairman of Enugu East Local Government Area, who claimed the land was subject to a 1976 lease agreement.
Agbo subsequently petitioned the Commissioner of Police, accusing Nnaji of harassment and abuse of office. The police, however, dismissed the petition as baseless and charged Agbo with providing false information.
At trial, the prosecution presented three witnesses while the defence called five. Despite this, Agbo was convicted, prompting his appeal.
During the appeal, counsel for the respondent argued that one of the appeal grounds was vague and that sentencing issues had not been raised at the trial court. Justice Okpe disagreed.
“The court erred in law in finding the appellant guilty on all counts, even when the prosecution failed to prove its case beyond reasonable doubt.
One valid ground of appeal is sufficient to sustain an appeal,” he noted.
The judge further held that the trial court failed to consider provisions of the Enugu State Administration of Criminal Justice Law (ACJL) 2017 during sentencing.
He agreed with Agbo’s counsel that a custodial sentence was inappropriate for a non-violent offence and referenced Sections 391, 392, 420, 455, 469, and 489 of the ACJL, which provide for non-custodial sentencing options.
Responding to the claim that the fine constituted a non-custodial sentence, the judge clarified:
“It is a misconception to suggest that sentencing issues must have been canvassed and ruled upon at trial before they can be raised on appeal.
Once a sentence is passed, the trial court becomes functus officio.”
In conclusion, Justice Okpe declared:
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