Appeal Court Upturns Lagos High Court on Pilgrimage Fraud, Acquits Sharafadeen Irorun
The Court of Appeal, Lagos Division, has set aside the judgment of the High Court of Lagos State which, on 29th April 2024, convicted Alhaji Sharafadeen Irorun on charges of obtaining by false pretence and stealing.
Recall that Lawyard had earlier reported the High Court’s decision convicting Alhaji Irorun in The State of Lagos v. Alh. Sharafadeen Irorun (Charge No: ID/4605C/2017), delivered by Honourable Justice O.A. Ogala. That report, published on 30th April 2024, and appearing at https://www.lawyard.org/news/court-convict-hajj-agent-sharafadeen-irorun-for-scamming-muslim-pilgrims/ ..
In a landmark judgment delivered on 9th January 2025 in Appeal No: CA/L/CR/881/2024 – Alh. Sharafadeen Irorun v. The State of Lagos, the appellate court discharged and acquitted Alhaji Irorun of all counts and ordered his immediate release from the correctional centre. The appeal was argued by his counsel, Emeke Emedo Ananyi Esq., who successfully demonstrated that the trial court’s findings were unsupported by credible evidence.
Key Findings of the Court of Appeal
– On false pretence (Counts 1 and 5): The court held that there was “no iota of evidence” to support the allegation that the appellant made false representations. Witnesses PW1 and PW2 admitted they never dealt directly with the appellant, thereby failing to establish the elements of the offence.
– On fair hearing: The court emphasized that the charges violated the appellant’s constitutional right to fair hearing under Section 36(6)(a)(b) of the 1999 Constitution, citing the Supreme Court’s decision in OBOH & ANOR v. NFL LTD & ORS (2020) LPELR‑55520 (SC).
– On stealing (Count 6): The appellate court found no evidence that the appellant stole N870,000. PW2 testified that he paid N800,000 to PW3, not to the appellant. No bank records or direct evidence were tendered to substantiate the allegation.
– On witness credibility: The testimony of PW3 was described as “lengthy, conflicting, confusing and doubtful,” ultimately establishing nothing against the appellant.
– On evidentiary standards: The court criticized the prosecution for failing to tender bank transfer records, stressing that courts decide cases based on evidence, not speculation.
JUDGMENT – ALH SHARAFADEEN IRORUN V. THE STATE OF LAGOS
At page 41 of its judgment, the Court of Appeal declared: “Clearly, the judgment of the trial court was perverse. In the circumstance, this court is bound to interfere and correct the miscarriage of justice suffered by the Appellant… The Respondent failed to discharge their burden of proof in establishing the elements of obtaining by false pretence and stealing against the Appellant. This appeal is meritorious and is hereby allowed.”
Accordingly, the conviction and sentence imposed by the High Court were set aside, and Alhaji Irorun was discharged and acquitted on all counts.
This appellate decision underscores the judiciary’s role in correcting miscarriages of justice and reinforces the principle that criminal convictions must rest on credible, direct evidence. It also highlights the importance of balanced reporting.
