ADENIYI OLUWASEUN SUNDAY V THE PEOPLE OF KWARA STATE

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