Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



ONAKOYA
V.
FRN

(2002) JELR 44513 (SC)    

Supreme Court  ·  SC.11/2001 ·  28 Jun 2002 ·  Nigeria
 · 
Other Citations
Onakoya v. F.R.N. (2002) 11 NWLR (Pt. 779) 595
CORAM
MUHAMMADU LAWAL UWAIS JSC IDRIS LEGBO KUTIGI JSC MICHAEL EKUNDAYO OGUNDARE JSC UMARU ATU KALGO JSC AKINTOLA OLUFEMI EJIWUNMI JSC

Ratio Decidendi

Core Terms Beta
appellant
charge
grant
court of appeal
offence
issues
learned trial judge
accused person
approval of a loan
miscarriage of justice
trial
trial court
distinct offences
reasonable doubt
lower courts
exhibits c1
lawful authority
trial judge
interpretation of paragraph
director of savannah bank of nigeria plc
firm view
oral approval of credit facility
s.a.n
separate offences
single charge
banks decree
customer of the maiduguri branch of the savannah bank
exhibit d
leading judgment
accused person of the offence
careful reading of the provisions of the decree
charge of operations
determination of this court
documentary evidence
facts of the case
failed banks tribunal
fax memo
findings of fact
following charge
judgment of the court of appeal
oral approval of the facility
regulations of the said bank
rules of court
said decree
said finding
state of the law
validity of the charge


I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): The accused at the Failed Banks Tribunal, Lagos Zone V, pleaded not guilty to the following charge:

"That you Oreoluwa Sylvester Adedeji Onakoya (male) while being a director of Savannah Bank of Nigeria Plc in lagos, between 20th May, 1996 and 28th May, 1996 did commit a felony to wit, you approved the granting and granted credit facility of ₦14m (fourteen million naira) to one Alhaji Gajimi Ibrahim, a customer of the Maiduguri branch of the Savannah Bank of Nigeria Plc without lawful authority and in violation of lending rules and regulations in force at the time in Savannah Bank of Nigeria Plc, particularly memorandum 119. You thereby committed an offence contrary to sections 19(1)(a)(b) and (c) of the Failed Banks (Recovery of debts) and Financial Malpractices in Banks Decree no.18 of 1994 as amended (herein after referred to as the Decree) and punishable under section 20(1)(a) of the same Decree."

During trial at the tribunal…

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