ALAKE & 1 ORS V THE STATE

(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

CORAM

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

counsel

state

court

2nd appellant

evidence

learned trial judge

1st appellant

appellants

trial

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…