ALHAJI SAIDU ABDULSALAM V. ALHAJI ABDULRAHEEM SALAWU
June 18, 2025YIOLA MASKALA V. DIMBRIWE SILLI
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 26141
In the Supreme Court of Nigeria
Fri Jun 28, 2002
Suit Number: SC.11/2001
CORAM
MUHAMMADU LAWAL UWAIS, CHIEF JUSTICE, NIGERIA
PARTIES
OREOLUWA ONAKOYA APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged for approving and granting credit facility to the tune of N14m a customer of the Bank without lawful authority and in violation of lending rules and regulations in force at the time in the Bank. He contended on appeal that the charge was bad for duplicity
HELD
The court held (Ogundare JSC dissenting) that the charge was bad for duplicity but that it did not occasion miscarriage of justice as the appellant was not misled in his defence thereby.
ISSUES
1. Was the Court of Appeal right in holding that the trial Court was right in coming to the conclusion that the case against the Appellant was established beyond reasonable doubt based on the evidence before the trial Court?2. Was the Court of Appeal right in confirming the interpretation of paragraph 3 of Exhibits C1, C2, D and H by the trial Court to the effect that the endorsement by the Appellant on the Exhibits was confirmation of an earlier oral approval of credit facility granted to the customer on the 24th of May. 1996?3. Was the Court of Appeal right in holding that even though the charge against the Appellant was not properly drafted, his conviction could still stand when this would in fact amount to him being convicted for an offence for which he was never charged?
RATIONES DECIDENDI
ATTITUDE OF COURT TO TECHNICALITIES
The days when parties pick their way in this court through naked technical rules of procedure the breach of which does not occasion a miscarriage of justice are fast sinking into the limbo of forgotten things. This court now takes the view that not every slip is fatal to the cause of justice- Kutigi J.S.C
WHEN A CONVICTION WILL BE QUASHED ON GROUNDS OF DUPLICITY OF A CHARGE
A conviction will certainly not be quashed or a trial declared a nullity merely on the ground of a patent duplicity in a charge unless a miscarriage or failure of justice has occurred thereby – Kutigi J.S.C.
CASES CITED
R v. ASIEGBU 3 W.A.C.A. 142, R. v. KALLE 3 W.A.C.A. 497, OKEKE V. POLICE 12 W.A.C.A 363, R. v. OSAKWE 12 W.A.C.A. 366; R. v. THOMPSON 9 C.A.R 252)
STATUTES REFERRED TO
The Failed Banks (Recovery of Debts) and Financial Malpractices in Banks Decree No. 18 of 1994
