AKPAN MICHAEL VS THE QUEEN
September 10, 2025OKPARA GODFREY VS INSPECTOR-GENERAL OF POLICE
September 10, 2025Legalpedia Citation: (1961-01) Legalpedia 92563 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Jan 26, 1961
Suit Number: SC. 326/1961
CORAM
BRETT, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
INSPECTOR GENERAL OF POLICE
RESPONDENTS
AREA(S) OF LAW
CRIMINAL LAW – FALSE PRETENSES-STEALING
SUMMARY OF FACTS
The appellant collected 48 pounds from the complainant to purchase drums of dye which cost only 23 pounds. His conviction for stealing was changed to false pretenses by the High Court.
HELD
The court held that the appellant was rightly convicted of stealing and that the substitution of false pretenses was improper.
ISSUES
Whether the substitution of the offense of false pretenses was justified in the circumstances of the case.
RATIONES DECIDENDI
STEALING
‘When a person merely take possession of another person’s property and subsequently convert it to his own, he may rightly be convicted for stealing.’ Per Bairamian F.J
CASES CITED
R. v. Ball, 1951, 2 K.B., 109
STATUTES REFERRED TO
The Criminal Code
