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BABALOLA
V.
STATE

(1989) JELR 40133 (SC)

Supreme Court 11 Jul 1989 Nigeria
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- The case involves five accused individuals charged with forgery and obtaining goods by false pretenses. - The first count alleges that two of the accused forged a bank draft and used it to obtain carpets from a company. - The second count

Case Details

Suit Number:SC.184/1988
Judges:KAYODE ESO Justice of The Supreme Court of Nigeria ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria
Counsel:Chief A. O. Ogundeji 3rd Appellant not represented, but filed a brief. For Appellant Mrs. B. O. Adeniji, Senior State Counsel, Ministry of Justice, Oyo State For Respondent
Other Citations:Babalola v. State (1989) NWLR (Pt.115) 264, (1989) 4 NWLR (Pt. 115) 264

NNAEMEKA-AGU, JSC (Delivering the Leading Judgment): Before an Oyo State High Court holden at Ibadan. Olufemi Babalola, Mufu Talawo, Darlington Omole, Joseph Aiyejare and Adefolaji Aiyefare were charged together on a two count information. Olufemi Bahalola and Mufu Talawo were charged on the 1st count that, on the 20th day of May, 1981, they, with intent to defraud, forged Arab Bank of Nigeria limited Bank Draft No. 021731 for ₦15,900.00 purporting the same to have been issued by Honey Gay Nigeria Limited. Ilorin, and they thereby committed an offence contrary to section 339 and punishable under section 401(2)(g) of the Criminal Code, Laws of Western Nigeria, 1959. All the five accused persons were also charged together on the second count in that, they, with intent to defraud, obtained 8 rolls (800 square metres) of carpet from Carpet Royal (Nigeria) Ltd .. Ibadan. (to be hereinafter called Carpet Company) by falsely pretending that they were sent and authorised by Honey Gay Nigeria …

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