CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
CHRISTOPHER AWOGBOLADE AWOBOTU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
This appeal is against the judgment of the trial court in which he found the appellant guilty on 17 of the 19 counts in the information. Aggrieved by this conviction the appellant brought an appeal to the court of appeal and further to the Supreme Court.
HELD
The appeal was dismissed.
ISSUES
The whole trial is illegal and the conviction i accordingly null and void because there was no information filed by or on behalf of the Attorney-General as required by law
The learned trial Judge erred in law and on the facts in convicting the appellant in court
The learned trial Judge erred in law and on the facts in convicting the appellant in counts 5, 8, 11, 14 and 17 of the information
The learned trial Judge erred in law and on the facts in convicting the appellant on counts 6, 7, 9, 10, 12, 13, 15, 16 and 18.
RATIONES DECIDENDI
POSITION WHERE THE STATUTE PRESCRIBES WHO SHALL SIGN A PARTICULAR DOCUMENT
“It is settled law that where a statute or piece of legislation prescribes that a particular document shall only be signed by a particular officer, it is mandatory that only that officer and no other shall sign the document.” per OBASEKI, AG. JSC
THE DEFINITION OF A LAW OFFICER IN THE CRIMINAL CODE
“We are of the view that the definition of Law Officer in the Criminal Code is wide enough to include Senior State Counsel and State Counsel of all grades.” Per OBASEKI, AG. JSC
THE OFFENCE OF FORGERY
“The offence of forgery may be complete without any publication or uttering of the instrument, for the very making with a fraudulent intention and without lawful authority, of any instrument which, by statute is the subject of forgery is of itself a sufficient completion of the offence before publication.” Per OBASEKI, AG. JSC
CASES CITED
None.
STATUTES REFERRED TO
None.