(1991) JELR 80290 (CA)    
Court of Appeal  ·  CA/E/65/89 ·  12 Apr 1991 ·  Nigeria
Other Citations
(1991) 6 NWLR (PT 199)
Core Terms Beta
learned judge
case submission
chris chukwu
learned trial judge
criminal procedure act
false pretences
prima facie case
agua drillers international ltd
discharge of the respondent
learned counsel
trial judge
alleged offences
behalf of the respondent
enough evidence
kano state
learned state counsel
port harcourt high court
accused person
arrest of the accused
bank account of virginia carpet limited
care of any person
close of the evidence
count charge of false pretences
dud cheque
false documents
favour of sungold international limited
followingsome information
husband of the respondent
issue of the arrest
kaduna state
leading judgment
mr. anyamene san
no case submission
part of the act
present charge
privilege of a preview of the lead judgment
provisions of this part
reply of the learned prosecutor
respondent's counsel
rivers state
s.286 c.p.a.
said agreement papers
said company ogosi
said counts
said money
set of contract documents
story of the prosecution

OMOSUN, J.C.A. (Delivering the Leading Judgment): This appeal is against the ruling on the no case submission made by the respondent's counsel in which UNGBUKU J sitting in Port Harcourt High Court, Rivers State upheld the submission on behalf of the respondent. She was discharged.

In broad outline, the facts are these. The respondent stood trial at the Port Harcourt High Court on a ten count charge of false pretences, making false documents without authority, forgery, stealing and issuing dud cheque. The prosecution called 9 witnesses to prove its case.

The story of the prosecution is that one Emmil Osler who was not charged and the husband of the respondent represented to P.W. 1 Chris Chukwu, and P. W.9 Chuma Ogosi, that he would procure a contract for them for drilling 44 (forty-four) boreholes in Kano State and 17 (seventeen) in Kaduna State. Upon this representation, a company in which P.W. 1 Chris Chukwu was a shareholder paid a total sum of N250,000.00 which passed through the ba…

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