JOSEPH GWAWOH V. COMMISSIONER OF POLICE
August 9, 2025DE FACTO BAKERIES & CATERING LTD VS MRS A. AJILORE & ANOR
August 9, 2025Legalpedia Citation: (1974) Legalpedia (SC) 29214
In the Supreme Court of Nigeria
Thu Nov 28, 1974
Suit Number: SC. 333/1973
CORAM
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
AYO G. IRIKEFE JUSTICE, SUPREME COURT
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT br/>
PARTIES
TAIWO BUCNOR SMART APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was charged for the offence of stealing of the sum of #10, 000 and uttering but the evidence adduced at trial showed that the money was obtained under false pretenses.
HELD
The court held that the offense of stealing was not made out but obtaining by false pretenses and accordingly substituted it for the offense of stealing.
ISSUES
Whether the offense of stealing for which the appellant was convicted was proved by the prosecution.
RATIONES DECIDENDI
CHARGE AND CONVICTION OF AN OFFENCE UNDER DIFFERENT SECTIONS
The position therefore in Nigeria is that even if the appellant was charged with stealing under Section 390 of the Criminal Code and the facts proved established an offence of obtaining by false pretences, under Section 419 of the Criminal Code, he could be convicted of the offence under the latter section. Per Coker J.S.C
CASES CITED
Regina v. Bates & Pugh (1848) 3 Cox 201
R. v. Burrows, 11 Cox 258
R. v. Speed (1882) 15 Cox 24
Regina v. Mary Ann Fry (1858) 169 ER 1077
R. v. Basil Bancroft (1909) 3 CAR 16
STATUTES REFERRED TO
The Criminal Procedure Act
The Criminal Code
