Appeal Court Overturns High Court Judgment, Jails Ex-Staff Of Ministry Of Power Over Fraud

The Court of Appeal, Abuja has sentenced Apeh S. Akogu, a former civil servant who worked in the accounts department of the Federal Ministry of Power, Works and Housing for receiving gratification from a contractor.

Akogu’s journey into correctional institutions began when the Independent Corrupt Practices and Other Related Offences Commission (ICPC) arraigned him before Justice A.O. Ebong of the FCT High Court, Abuja.

He was arraigned on a 3-count charge for asking, receiving gratification, and conferment of unfair advantage on himself contrary to Sections 10 and 19 of the Corrupt Practices and Other Related Offences Act, 2000.

One of the counts reads: ‘’That you, Apeh Samuel A, (M) in January, 2015, or thereabout while being a public Officer to wit; a staff of the Accounts Department of the Federal Ministry of Power, Works and Housing, did receive from one Osahon Osemwota a contractor, the sum of 820, 000.00 (Eight hundred and twenty thousand naira only) which was paid into your G.T Bank Account to enable you facilitate payments for contracts performed by him for the said Ministry and you hereby committed an offence contrary to and punishable under Section 10 of the Corrupt Practices and Other Related Offences Commission Act, 2000.’’

The ICPC Prosecutor, K.C. Peprah, while proving the charges against Apeh, called 4 witnesses and tendered relevant documents.

The Convict, on the other hand, called only one witness and testified himself that the purpose of the payment of the gratification by the petitioner was to commiserate the death of his uncle.

Though the ICPC prosecutor had argued that the defence put forward by Apeh was an afterthought, the trial Judge discharged and acquitted him on the grounds that the demand and receipt of the “corrupt giff” were not done in the exercise of his official duties.

However, dissatisfied with the judgment of the trial court, the ICPC approached the Appeal Court seeking to quash the judgment.

The Appellate Court therefore overturned the decision of the trial court and sentenced the Defendant to 7 years imprisonment with an option of a fine of N50k.

The Court also held that the convict restitute the amount collected as gratification to the petitioner.