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BABALOLA
V.
STATE

(1989) JELR 40133 (SC)    

Supreme Court  ·  SC.184/1988 ·  11 Jul 1989 ·  Nigeria
 · 
Other Citations
Babalola v. State (1989) NWLR (Pt.115) 264
Babalola v. State (1989) 4 NWLR (Pt. 115) 264
CORAM
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

Ratio Decidendi

Core Terms Beta
1st appellant
evidence
rolls of carpet
4th appellant
carpet company
carpet
learned trial judge
accused persons
reasonable doubt
3rd appellant
2nd accused
2nd appellants
criminal code
honey gay nigeria limited
1st accused
3rd accused
mr. godis
1st count
4th appellants
learned counsel
20th day of may
appeal of the 3rd appellant
behalf of the 1st appellant
bendel state
carpet royal
own defence
said carpets
arab bank of nigeria
bank draft no.
b. see section
close of the case
court of appeal ibadan division
cross-examination
endorsement of the discharge
exhibits f-f4
fire of cross-examination
following cases
house of the 1st accused
house of the 4th accused
none of the accused persons
own views
oyo state high court
p.w. john mastoroudes
said bank draft
search warrants
state of the facts
support of his submissions counsel
trial shows
use of the ample provisions

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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