MUSDAPHER, J.S.C. (Delivering the Leading Judgment): This is an appeal against the judgment of the Court of Appeal Lagos Division delivered on the 15/1/2003 whereby the appellant's appeal against his convictions and sentences by the failed Bank's Tribunal Zone IV Lagos, Edokpayi J (as he then was) was dismissed. The appellant and one other were arraigned before the Failed Banks Tribunal Zone IV, Lagos. The appellant was specifically concerned in the amended charge with the following counts:-
"Count 1
That you, Dr. Edwin Udemegbunam Onwudiwe and you, Joe Billy Ekwunife while being the chairman and Managing Director/Chief Executive respectively of Ivory Merchant Bank Ltd. on or about the 23/8/1994 at Lagos conspired together to fraudulently convert the proceeds of a Crystal Bank of Africa Ltd. Bank certified cheque No. 66114 issued in favour of Ivory Merchant Bank Ltd. for the sum of N16.56 million to the use and benefit of Dr. Edwin Udemegbunam Onwudiwe and thereby committed an offence p…