Olushegun Haruna & Ors Vs The State (1972)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C. 

On 1st March, 1971, all the accused persons were convicted in the High Court of the North-Western State sitting at Sokoto by Mu’Azu Muhammad Ag. J., in Charge No. SO/8C/1970 containing twenty counts.

Of these twenty counts, all five of them were convicted on one count of criminal conspiracy punishable under section 97 subsection (1) of the Penal Code. Olushegun Haruna, the first accused, was alone convicted on eight counts for the offence of using a forged document punishable under section 366 of the said Code, and on three counts of cheating punishable under section 325 of the said Code, Muhammadu Yunusa Doko, the second accused, was alone convicted on one count for the offence of wearing the uniform of the Nigerian Army although he was not a solider which offence is punishable under section 133 of the said Code.

The third accused (Ibrahim Mohammed) was alone convicted on three counts for the offence of using a forged document and on three counts of cheating punishable under sections 336 and 325 respectively of the said Code. The fourth accused (Paul Omolo) who was charged alone with the offence of wearing the uniform of the Nigerian Army although he was not a soldier which offence was punishable under section 133 of the said Code was found not guilty of that offence; we will have more to say about this later.

The facts which are relatively straightforward may be summarised as follows. Some time between the months of September and October, 1968, the first accused, accompanied by the second accused, called on the third accused in the house where the third accused was staying in Lagos. When the third accused inquired what the visit was about, they informed him that they “had made proper arrangements in connection with certain deals about contract vouchers which are to be tendered and cashed at Bida.” After the 3rd accused had asked the 1st and 2nd accused a few questions about the plan they left. After their departure, the third accused called on the fifth accused who was at the material time a staff-sergeant in the Nigerian Army and told him of the proposal. The fifth accused advised him to wait for further details.

The next day, the 1st accused called on the 3rd accused again, bringing with him a payment voucher (in quadruplicate) which had been checked, signed and passed for payment at the Bida Sub-Treasury. The 1st accused then gave the 3rd accused the payment voucher and informed him that the 2nd accused would call later. The payment voucher was made out in the name of one Mallam Abubakar Yunus, Local Food Supplier, c/o Bida N.A. The 3rd accused described what transpired thereafter in his written statement (exhibit 46) to the police, made after his arrest, as follows:-

“I was convinced by them. So Mohammed Yunusa Doko, Olushegun Haruna, Festus Rone, Paul Omolo, and lastly myself unanimously agreed that we should try this. In actual fact Mohammed Yunusa Doko dressed up in full army captain officer’s uniform followed by staff-sergeant Rone travelled to Bida, but hinted to me to be on the watchout if I should get their message through Olushegun I should travel down and meet them at Bida. Three days later I got their message through Olushegun Haruna asking me to proceed immediately to Bida along with Paul Omolo. On getting to Bida two of us met Mohammed Yunusa Doko and Festus Rone at the Catering Rest House where we were informed that we should meet up at the Treasury the following day … The following day we went to the Sub-Treasury under the guidance of a taxi driver to meet Mohammed Yunusa Doko and Festus Rone from where I was informed that I have got a voucher to be paid to me in the name of Abubakar Yunus, Local Food Supplier from where I was given a cheque for 690pounds. I took the cheque to the bank together with Mohammed Yunusa Doko where I was paid the money. I later handed the money to Mohammed Yunusa Doko from where we left together with Festus Rone and Paul Omolo down to Lagos … Precisely I cashed three vouchers for Abubakar Yunus all at Bida. The other three vouchers were cashed by Olushegun Haruna who is the initiator and brain behind the whole business. This is all I know about the six cheques now in question in respect of the vouchers at Bida.”

Pursuant to the discussions referred to by the 3rd accused in the above statement, the five accused persons, between the months of September and October 1968, agreed to use as genuine forged payment vouchers for the purpose of obtaining money from the Sub-Treasury at Bida. In consequence of the agreement, the 1st and 3rd accused with the aid of the 2nd and 5th accused who were dressed in army uniform at all material times, used as genuine eight and three forged vouchers respectively knowing them to be forged. By using the said forged payment vouchers, the 1st and 3rd accused dishonestly induced Aliyu Jibirin (P.W. 15) the cashier and Usman Kutigi (P.W. 1) the Sub-Treasurer of the Bida SubTreasury to deliver to each of them three Government cheques to the value of 13,722Pounds which they cashed and the proceeds of which they appropriated to their own use. The particulars of the false payment vouchers tendered at Bida as genuine by the 1st accused for payment and duly paid are as follows:-

(i) P.V. No. 14009 for 690 pounds (exhibit 7) on 7/10/68.

(ii) P.V. No. 14010 for 460 pounds (exhibit 8) on 7/10/68.

(iii) P.V. No. 14013 for 1,955 pounds (exhibit 10) on 11/10/68.

(iv) P.V. No. 14014 for 1,575 pounds (exhibit 11) on 11/10/68.

(v) P.V. No 14017 for 2,415 pounds (exhibit 13) on 14/10/68.

(vi) P.V. No. 14018 for 1,875 pounds (exhibit 14) on 14/10/68.