HAJIYA AMINA APOLLO [Substituted For Saleh Jibrin Abubakar (Deceased), Representing Herself And The Estate Of Saleh Jibrin Abubakar (Deceased)] SALEH HARUNA
March 5, 2025MEAK INVESTMENT LIMITED & ANOR V KEYSTONE BANK PLC (FORMERLY PLATINUM HABIB BANK PLC
March 5, 2025Legalpedia Citation: (2024-04) Legalpedia 57638 (CA)
In the Court of Appeal
Tue Apr 16, 2024
Suit Number: CA/IL/20C/2023
CORAM
Tunde Oyebanji Awotoye Justice of the Court of Appeal
Bitrus Gyarazama Sanga Justice of the Court of Appeal
Kenneth Ikechukwu Amadi Justice of the Court of Appeal
PARTIES
ADENIYI OLUWASEUN SUNDAY
APPELLANTS
THE PEOPLE OF KWARA STATE
RESPONDENTS
AREA(S) OF LAW
APPEAL, CONSTITUTIONAL LAW, EVIDENCE, FINANCIAL CRIME, PRACTICE AND PROCEDURE
SUMMARY OF FACTS
At the lower Court, the Appellant was charged on two counts.
1. He was accused of obtaining a sum of N100,000.000.00 (One Hundred Million Naira) from one Alhaja Kudirat Ijaya by false pretence contrary to Section 1 (2) and punishable under Section 1(3) of the Advance Fee Fraud and Other Related Offences Act, Cap A6, Laws of the Federation of Nigeria, 2006.
2. He was also accused of purported settlements of lawful obligation by means of issuing dud cheques to Alhaja Kudirat Ijaya contrary to Section 1 (1)(b)(i) of Dishonoured Cheques (Offences) Act.
The cheques, eleven in number are dated 28/1/2019, 28/2/2019, 28/3/2019, 28/4/2019, 28/5/2019, 28/6/2019, 28/7/2019, 28/8/2019, 28/10/2019, 28/12/2018.
The eleven cheques which she kept presenting to the bank on different occasions were not cash-backed and are dud cheques which culminated in her lodging a complaint against the defendant and ultimately, an instant suit.
The trial court gave judgment against the Appellant. Dissatisfied by the decision, the Appellant filed an instant appeal.
HELD
Appeal dismissed
ISSUES
Whether the learned trial court rightly convicted the Appellant upon his Lordship’s findings that the respondent has established beyond reasonable doubt the alleged offence of issuance of dud cheques against the appellant?
RATIONES DECIDENDI
ISSUANCE OF DISHONOURED CHEQUE – THE ELEMENTS OF THE OFFENCE OF ISSUANCE OF DISHONOURED CHEQUE
The Long Title of the Dishonoured Cheques (Offences) Act states that the Act makes it an offence for any person anywhere in Nigeria to induce the delivery of any property or to purport to settle a lawful obligation by means of a cheque which when presented within a reasonable time is dishonoured on the grounds that no funds or insufficient funds were standing to the credit of the drawer of the cheque, and for matters connected therewith. The elements of the offence of issuance of dishonoured cheque are: (1) The person obtained credit for himself or any other person; (2) The cheque was presented for payment within three months from the date of issue of the cheque; and (3) Upon presentation of the cheque it was dishonoured on the ground that no funds or insufficient funds were standing to the credit of the drawer of the cheque in the bank on which the cheque was drawn. See ABRAHAM vs. FRN (2018) LPELR-44136 1 at 50-51.
It is clear from the evidence adduced at the lower Court that the Appellant issued dud cheques in order to obtain credit for himself. See also ABEKE V. THE STATE (2007) VOL. 38 WRN 1 @ 27. – Per T. O. Awotoye, JCA
CASES CITED
STATUTES REFERRED TO
1. Constitution of the Federal Republic of Nigeria 1999 (as amended)
2. Advance Fee Fraud and Other Related Offences Act, Cap A6, Laws of the Federation of Nigeria, 2006.
