CHIEF COLLINS ONYEJIAKA vs. FEDERAL REPUBLIC OF NIGERIA

CORAM

PARTIES

CHIEF COLLINS ONYEJIAKA APPELLANTS

1.FEDERAL REPUBLIC OF NIGERIA2.CB- TRUST CO. LTD RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The 2nd Respondent, a limited liability company and the Appellant, its managing director and sole signatory to its bank account were charged before the High Court of Lagos State, upon an amended information on 24 counts relating to the offences of conspiracy to obtain money by false pretences, obtaining money by false pretences, forgery and uttering forged documents contrary to the provisions of the Advance Fee Fraud and other Fraud Related Offences Act No.13 of 1995 as amended by Act No. 62 of the 1999 and the Criminal Code Cap. C17, Laws of Lagos State. The Appellant, pleaded “Not Guilty” to the charge and the case proceeded to trial. The Prosecution in proving its case tendered an unsigned statement of account and it was admitted. The learned trial judge also relied on the evidence of PW1 & PW2 who did not return to be further cross-examined as ordered by the court following the amendment of the information to include the name of the 2nd Respondent as co-Defendant in the amended information. The trial court at the end of the trial acquitted and discharged the Appellant and the 2nd Respondent on all counts except counts 1&3 relating to the offences of conspiracy and sentenced them accordingly. Dissatisfied with the trial court’s judgement, the Appellant has appealed against same to this court contending that the learned trial judge improperly evaluated the evidence adduced when she convicted the Appellant for the offences of conspiracy and this occasioned a miscarriage of justice to the Appellant.

HELD

Appeal Allowed

ISSUES

Ø Whether the learned trial Judge properly evaluated the evidence adduced in this case when she convicted the Appellant of the offences of conspiracy in counts 1 & 3 of the 2nd amended information?” Ø ”Whether the learned trial Judge was right in her finding to the effect that the 2nd Respondent used the names of CB Trust Co. Ltd and CB-Trust Co. Ltd interchangeably and to have used the said finding in arriving at her conclusion that the USD account in Exhibit P288 was linked to the Appellant and the 2nd Respondent?” Ø ”Whether the learned trial Judge was right in convicting the Appellant for the offences of conspiracy in the circumstances of this case?”