(1977) JELR 49362 (SC)    

Supreme Court  ·  SC.408/1975 ·  7 Apr 1977 ·  Nigeria
Other Citations
ATANDA FATAYI-WILLIAMS 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
bank notes
central bank
legal tender
exhibit g1
falsity of the bank notes
hearsay evidence
police officers
trial court
american bank
american bank notes
central bank of nigeria
current coin of a kind
evidence of a credible witness
evidence of the appellant
learned deputy director of public prosecutions
learned trial judge
official of the central bank
promissory note
proper case
trial judge
united states of america
19th july
appellant thereat
circumstances of the case
counterfeit currency
department of trade
evidence of an expert
evidence of the official of the central bank
federal revenue court
hearing of the appeal
incorrigible liar
inter alia
lawful authority
leading judgment
learned counsel
m. bello
only ground
only issue of contention
order of discharge
relevant part of exhibit g1
result of information
result of its examination of the bank notes
second time
special provisions

M. BELLO, J.S.C. (Delivering the Leading Judgment): The appellant was convicted in the Federal Revenue Court sitting at Lagos of two counts on a charge alleging that he had in his possession some counterfeit American bank notes knowing the same to be counterfeit contrary to Section 5(1)(b) of the Counterfeit Currency (Special Provisions) Decree, 1974 and was sentenced to 21 years imprisonment on each count to run concurrently. We allowed his appeal on 10th March, 1977, set aside the convictions and sentences and directed that a verdict of acquittal and order of discharge be entered in respect of both counts. We now state our reasons.

The fact that the appellant had in his possession one hundred and eleven American Bank notes was not in dispute. On 19th July 1973, at the Octopus Hotel, two police officers searched the appellant and found in his possession eleven American bank notes each of $100 denomination and as the result of information given to the two police officers by the appell…

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