(1991) JELR 80152 (CA)    
Court of Appeal  ·  CA/L/37/89 ·  25 Jul 1991 ·  Nigeria
Other Citations
(1991) 7 NWLR Pt 205 pg 567
Alake v. State (1991) 7 NWLR (Pt. 205) 567
( 199I) 7 NWLR Pt 205 pg 567
ADENEKAN ADEMOLA, J.C.A. (Presided and Dissented) UMARU ATU KALGO, J.C.A. NIKI TOBI, J.C.A. (Read the Leading Judgment)
Core Terms Beta
2nd appellant
learned trial judge
1st appellant
reasonable doubt
trial judge
accused person
exhibits f
false pretences
2nd accused
evidence act
false pretence
appellate court
3rd accused
criminal code
criminal law
criminal procedure law
findings of the learned trial judge
legal position
course of the proceedings
dereliction of duty
direct evidence of act
evidence of negligence
evidence of the handwriting analyst
following issues
laws of lagos state
mr. segun onokoya
part of the 1st appellant
procedure of southern states
second issue
18-count charge of different offences
2nd appellant raise
accused joins issues
call of its dear name
case court
criminal episode
different offences
disputed documents
first bank of nigeria ltd.
guilt of the accused person
known defences
leading judgment
mere fact
provisions of sections
summary of the prosecution

TOBI, J.C.A. (Delivering the Leading Judgment):

This matter originated from the National Oil and Chemical Company Ltd., Lagos. I will call it the NOCC or simply the Company. The matter moved from the NOCC to two banks. One is First Bank of Nigeria Ltd. The other is Union Bank of Nigeria Ltd. All in Lagos. The appellants were employees of the NOCC. The 1st appellant was the Cash and Bank Supervisor of the Company. The 2nd appellant was an Accounts Clerk in the NOCC. He was the 3rd accused. He became the 2nd appellant in this matter because the 2nd accused was discharged and acquitted.

Three persons, all former employees of the NOCC, and one other faced an 18-count charge of different offences. The bane of the matter involved three cheques purportedly issued by the company. They are Exhibits F, G, and H.

The criminal episode is fairly long and complicated. I shall pick only the relevant details. Seven witnesses gave evidence for the prosecution.

This is the summary of the prosecution's cas…

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