AWOBOTU
V.
THE STATE

(1976) JELR 46273 (SC)    

Supreme Court  ·  SC.212/1975 ·  9 Apr 1976 ·  Nigeria
 · 
Other Citations
(1976) All N.L.R 237 Awobutu v. State (1976) 4 S.C. 27
CORAM
GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
criminal code
owner of account no.
statement of offence
false pretences
director of public prosecutions
learned trial judge
g. ola coker
national bank of nigeria limited
cheques
senior state counsel
law officer
cr app r
exhibit f5
attorney general
particulars of error
said sum of n156,000.00
various sums of money
behalf of the state
christopher awogbolade awobotu
circumstances of the case
effective cause of the national bank of nigeria
following offences
grounds of appeal
high court of lagos state
state v
30th day of august
account of the said company
accused forge
behalf of the attorney-general
charge no. la
cheque exhibits f
date of the day
evidence act
facts of this case
following national bank cheques
leave of this court
no. lb-k068939
no. lb-k068950
none of the cheque
offences of forgery
particulars of misdirection
particulars of offence
property of national bank of nigeria limited
r v african press limited
signature of a fictitious persons
such count
sum of 78,000pounds
support of each ground
whole trial

A. O. OBASEKI, Ag. J.S.C. (Delivering the Leading Judgment): This appeal is against the judgement of Dosumu, J., delivered on the 30th day of August 1974, in Charge No. LA/9c/74 in which he found the Appellant guilty on 17 of the 19 counts in the information (i.e. counts 1,3,5,6,7,8,9,10,11,12,13,14,15,16,17,18,and 29) charging the Accused with the offences of forgery, uttering and obtaining various sums of money by false pretences.

Aggrieved by this conviction the Appellant brought this appeal to this court.

Four grounds of appeal were originally given in the Notice of Appeal, but before hearing of this appeal (by leave of this court), 6 new grounds were substituted. These are as follows:-

(1) The whole trial is illegal and the conviction is accordingly null and void because there was no information filed by or on behalf of the Attorney-General as required by law.

IN THE ALTERNATIVE

(2) The learned trial Judge erred in law and on the facts in convicting the Appellant in court.

PARTIC…

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