Mohammed Abacha must face trial – S/Court

Mohammed had challenged the over 100 count criminal charge slammed on him at the FCT High Court, Abuja for allegedly receiving stolen money belonging to the Federal Government.But the apex court in a unanimous judgement dismissed the appeal.The lead judgment in the case was delivered by Justice Olukayode Ariwoola. Other members of the panel that […]

Mohammed had challenged the over 100 count criminal charge slammed on him at the FCT High Court, Abuja for allegedly receiving stolen money belonging to the Federal Government.
But the apex court in a unanimous judgement dismissed the appeal.
The lead judgment in the case was delivered by Justice Olukayode Ariwoola. Other members of the panel that sat on the appeal are Justice Samuel Nkanu Onnoghen, Justice Muntaka Coomasie, Justice Suleiman Galadima and Justice Kudirat Kekere Ekun. The rest are Justice Afolabi Fabiyi and Justice Nwali Sylvester Ngwuta.
In his judgment, Justice Samuel Nkanu Onnoghen held that even if Gen. Sani Abacha were to be alive today, the immunity he enjoyed under the law and Constitution was personal to him and limited to his period of office as he can be prosecuted immediately he leaves office for offences committed while occupying the office of Head of State.
“His immunity, however, would not, in any circumstance cover his son, the appellant in this case so the argument is without legal foundation”, the apex court held.
The apex court also held that Abacha may wish to make a no case submission when he gets to the trial court.
With this decision, Mohammed Sani Abacha’s trial will now continue at the High Court where he is facing trial before he went on appeal. 
Mohammed Abacha had said that all the Abacha family assets were legitimately acquired.
While arguing the appeal, the former President of the Nigerian Bar Association (NBA), JB Daudu, lawyer to Mohammed Abacha, said since the stolen money was returned into the coffers of the FG, it will be unlawful to further prosecute Abacha.
Daudu said that the late Head of state enjoyed immunity for stashing the money away in private foreign bank accounts so as to take care of uncertainties associated with governance especially the threat by some Western nations.
But the respondent, represented by Barrister Daniel Enwelom said that late Gen. Abacha’s immunity can only be enjoyed while in office.
Earlier in its decision, the Court of Appeal said that Decree 53 did not confer any immunity on Mohammed Sani Abacha and that the charges based on receiving stolen property can be tried by the FCT High Court.