Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



AKWULE AND 10 ORS
V.
THE QUEEN

(1963) JELR 39927 (SC)    

Supreme Court  ·  F.S.C.325/1962 ·  23 May 1963 ·  Nigeria
 · 
Other Citations
(1963) All N.L.R 191
CORAM
ADEMOLA ADETOKUNBO CJN DE LESTANG JSC LIONEL BRETT JSC BAIRAMIAN JSC

Ratio Decidendi

Core Terms Beta
section
1st appellant
banker
appellants
penal code
criminal breach of trust
sections
banks
high court
customers of the bank
first ground of appeal
learned trial judge
bad debtors of the bank
clearing account
commission of the offence of criminal breach
constitutional validity of the section
count of aiding
division of legislative powers
due reports
exclusive legislative list
federal parliament
first count of the charge
forgery of a current account ledger
government of ireland act
heavy amounts
judgment of the court
legislative powers of parliament
legislature of northern ireland
legislature of northern nigeria
legislature of the northern region
limited powers
lord atkin
manager of the branch of the bank
maximum sentence
meaning of section
northern region
penal code of the northern region
question of sentence
range of arguments
respect of that property
said offence
validity of legislation
validity of section
view of the statute
violation of any direction of law
way of his business
west africa
whole range of authority


ADEMOLA, C.J.F. (delivering the judgment of the Court): The 1st Appellant was convicted in the High Court, Northern Region, holden at Kano, of an offence laid under sec. 315 of the Penal Code of the Northern Region relating to Criminal Breach of Trust in his capacity as a Banker; the sum involved being £100,089-8s-5d. He was also convicted of an offence under sec. 371 of the Penal Code of falsifying a clearing account relating to other Banks in what is known as the Impersonal ledger and also with forgery of a current account ledger. The other ten appellants were convicted each on a count of aiding and abetting the 1st appellant in the commission of the offence of criminal breach of trust.

The 1st appellant, who admitted the facts presented at the trial (except those relating to forgery), was at the time material to the charge the Manager of the branch of the Bank of West Africa at Fagge in Kano. He had authority to grant overdrafts to customers of the Bank up to a sum of £200 which mu…

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