ONWUKA
V.
THE STATE

(1970) JELR 45913 (SC)    

Supreme Court  ·  SC.146/1969 ·  3 Apr 1970 ·  Nigeria
 · 
Other Citations
(1970) All N.L.R 164
CORAM
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria UDO UDOMA Justice of The Supreme Court of Nigeria
Core Terms Beta
section
criminal proceedings
lagos
criminal code
decree
attorney-general of the federation
lagos state
counsel
attorney-general of lagos state
federal constitution
interim provisions
state law
act of parliament
respect of offences
such criminal proceedings
virtue of section
federal legislation
legal secretary
nigerian constitution
prosecution
provisions of section
constitutional ground of appeal
director of public prosecutions of lagos state
federal attorney-general
sections
statement of offence
sterling drugs international
company employees
competence of the director of public prosecutions
extended powers of the attorney-general
high court
lagos assizes
learned counsel
learned trial judge
number of other considerations
part of the laws of lagos state
powers of the attorney-general of lagos state
present information
question of lack of competence
regional constitutions
relevant provisions of section
said dates
specific instructions of the attorney-general
stage of the proceedings
state attorney-general
state legislation
such prosecution
virtue of powers

COKER, J.S.C. (Delivering the Leading Judgment)-The appellant was tried and convicted by Adefarasin, J. at the Lagos Assizes and sentenced to a total term of seven years I.H.L. The information on which he was charged contains two counts as follows:-

"Statement of Offence: 1st Count

Fraudulent false accounting, contrary to section 438 (b) of the Criminal Code.

Particular of Offence

Samuel Chike Onwuka (M) between January 1965 and February 1967 at Lagos, in the Lagos Judicial Division, being a clerk employed by Sterling Drugs International, Lagos with intent to defraud made false entries in a book of accounts belonging to your employer to wit : the wages book purporting to show that between the said dates the total wages paid to the company employees was 24,021,6s,8p (twenty four thousand and twenty-one pounds, six shillings and eight pence) whereas in truth and in fact it was 19,852,16,8p (nineteen thousand, eight hundred and fifty-two pounds, sixteen shillings and eight pence).

Statem…

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