ISA MAMMAN & 3 ORS V. THE STATE
August 7, 2025AMUSA DADA & ORS V. BAKARE SHODEKE
August 7, 2025Legalpedia Citation: (1976) Legalpedia (SC) 31411
In the Supreme Court of Nigeria
Fri Jun 4, 1976
Suit Number: SC. 129/1975
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
OBASEKI, JUSTICE, SUPREME COURT
PARTIES
MICHAEL IJUAKA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged under section 419 of the Criminal Code for obtaining money by false pretences and was convicted on the said charge. The appellant was alleged to have collected some monies from PW2 and 3 on the pretences that he was able to print genuine N2,000.00.
HELD
It was held that the false pretence laid in the charge was not proved by evidence and the appeal was accordingly allowed.
ISSUES
None.
RATIONES DECIDENDI
PROOF OF THE OFFENCE OF OBTAINING BY FALSE PRETENCE
In order that a person may be convicted of that offence it has been said hundreds of times that it is necessary for the prosecution to prove to the satisfaction of the jury that there was some mis-statement which in law amounts to a pretence, that is, a mis-statement as to an existing fact made by the accused person; that it was false and false to his knowledge; that it acted upon the mind of the person who parted with the money; that the proceeding on the part of the accused person was fraudulent. That is the only meaning to apply to the words with intent to defraud. Per A. O. OBASEKI, AG. JSC.
CASES CITED
R. v. Barker (1910) 5 Cr App R 283
R. v. John James Sullivan 30 Cr App R 132
Ligali and Laja v. The Queen 4 FSC 7
STATUTES REFERRED TO
Criminal Code
