Legalpedia Citation: (2012) Legalpedia (SC) 14172
In the Supreme Court of Nigeria
Fri Nov 23, 2012
Suit Number: SC.109/2010 SC.109A/2010
CORAM
PARTIES
MICHAEL UZOAGBA CAROLINE MICHAEL APPELLANTS
COMMISSIONER OF POLICE
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were arraigned before a Magistrate Court in the Federal Capital Territory, Abuja for offences of Criminal breach of trust and cheating. At the end of the evidence given by the prosecution the Appellants entered a no case submission which was overruled by the trial court. This appeal is based on that decision which was upheld by the Court of Appeal.
HELD
The case was remitted to the trial magistrate court for the trial thereat to be concluded.
ISSUES
1. Whether the court below was right to have held that the prosecution has established a prima facie case against the 1st Appellant which deserves explanation from the 1st Appellant.?
2.Whether having regard to the evidence adduced the lower court was right in holding that a prima facie case of criminal breach of trust and cheating has been established against the 2nd Appellant .?
RATIONES DECIDENDI
NO CASE SUBMISSION – WHEN A NO CASE SUBMISSION CAN BE OVERULED
“It is settled by a seemingly endless chain of authorities, including those alluded to by the counsel, that a prima facie case might rightly be founded to have been established and no case submission properly overruled where the prosecution has: –
(a) Led evidence to prove all the essential elements of the offence alleged either directly, circumstantially or inferentially and
(b) The evidence as so adduced by the prosecution has neither been so discredited consequent upon cross examination nor is so ex facie unreliable that no reasonable tribunal can safely convict on it” Hon. Justice Musa Dattijo Muhammad, JSC
CRIMINAL BREACH OF TRUST – ELEMENTS
“The elements of the offence of criminal breach of trust are:-
(i) That the Accused person was entrusted with property or dominion over it
(ii) That he misappropriated it, converted it to his own use or disposes of the said property.
(iii) That the Accused did so in violation of any direction of law prescribing the mode in which such trust was to be discharged or any legal contract express or implied which he had made concerning the trust or that he intentionally allowed some other person to do so and
(iv) That he acted dishonestly” Hon. Justice Musa Dattijo Muhammad, JSC
CHEATING – ELEMENTS OF CHEATING
“The Elements of Cheating are: –
(i) That the person deceived delivered to someone or consented that some person shall retain certain property
(ii) That the person deceived was induced by the accused to part with the property;
(iii) That the person acted upon the inducement of the Accused; and
(iv) That the Accused had acted fraudulently or dishonestly when inducing that person.” Hon. Justice Musa Dattijo Muhammad, JSC
CASES CITED
1. Osahon v FRN (2003) 16 NWLR (pt 845) 89 at 1142.
2.Registered Trustees Pentecostal Assemblies of the World Inc. V The Registered Trustees of the African Apostolic Christ Church (2002) 15NWLR (pt. 700) 424 at 4503.
3.Adelusola v Akinde (2004) 12 NWLR (pt. 887) 2954.
4.Ibeziakor v Commissioners of Police
5.Asahi v Dakan (2006)
6. Ikomi v State
7. Ubantu v COP
8. Ajidagba v IGP
9. Adeyemi v State (1991) 6 NWLR (pt. 195) 1
STATUTES REFERRED TO
NONE