Gregory Godwin Daboh & Anor v. The State (1977)

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SIR UDO UDOMA, J.S.C. 

This appeal is against the conviction of the two appellants by the High Court of Lagos State in Lagos on two counts in which they were charged, firstly, that they both conspired together on 14th July, 1970 in Lagos to commit a felony, that is to say, to induce by false pretences the Registrar of Insurance in the Federal Ministry of Trade, to deliver the Certificate of Registration as an Insurer to the Nigerian States Assurance Corporation Limited and thereby committed an offence contrary to Section 516 of the Criminal Code; and secondly, that the two appellants on the same day with the intent to defraud, induce the Registrar of Insurance, Insurance Division, Federal Ministry of Trade, Lagos, to deliver the Certificate or Registration as an Insurer to the Nigerian States Assurance Corporation Limited by falsely pretending that the Nigerian States Assurance Corporation Limited aforesaid had a credit balance of N50,000.00 in its account with the Bank of the North Ltd., and thereby committed an offence contrary to Section 419 of the Criminal Code.

On conviction, the appellants were each sentenced to two years imprisonment on the first count, -and 18 months imprisonment on the second count; and sentences were ordered to run concurrently.

They have both appealed to this court against their conviction.

In view of the submissions made to us in respect of charges against the first appellant, that the learned trial Judge was wrong in law in overruling the submission of no case to answer made on behalf of the first appellant, it is necessary to examine more carefully and in greater detail the case of the prosecution.

The case of the prosecution in support of the charges against the appellants was that on 31st January, 1969, by a formal application duly completed and signed by the first appellant as Executive Director, The Nigerian States Assurance Corporation Limited, applied to the Registrar of Insurance, Federal Ministry of Trade, to be and was duly registered as an Insurer after other requisite forms had also been duly completed and submitted. The Nigerian States Assurance Corporation Limited was then called upon to deposit the sum of N50,000.00 with a bank, and after having done so, to communicate that fact to the Registrar of Insurance, Federal Ministry of Trade to enable the latter to grant and deliver to the company a Certificate of Registration as an Insurer.

Subsequently, on 14th July, 1970, the first appellant, as the Executive Director of the Nigerian States Assurance Corporation Limited met the second appellant, who at the material time, was the Manager in charge of the Bank of the North Limited, Apapa branch, at his office. The second appellant then introduced the first appellant to Kafaru Ajala (P.W.6). then Accountant of the Bank of the North Limited, Apapa branch, and told him that the first appellant, as the Executive Director of the Nigerian States Assurance Corporation Limited would be opening two accounts for his company with the Bank of the North Limited, Apapa branch.

The second appellant, at the same time, handed over to Kafaru Ajala, a cheque No. 004422 bearing that date for the sum of N50,000.00 which had been issued by the first appellant from a cheque book numbered from 000361-000480, Exhibit 45, supplied by the United Bank for Africa Limited, Benin City branch to the Nigerian States Assurance Corporation Limited as its customer.

The cheque, which was drawn on the United Bank for Africa Limited, Benin Branch in favour and to the credit of the Nigerian States Assurance Corporation Limited was for the opening of a current account with the Bank of the North Limited, Apapa Branch.

On receiving the cheque, Kafaru Ajala spoke to the first appellant. He asked him for the resolution of his company appointing the Apapa Branch of the Bank of the North Limited as its bankers, the Articles of Association of the company, and the Certificate of Incorporation of the Company. The first appellant promised to bring these items to the bank during his next visit.

The second appellant then instructed Kafaru Ajala to get the cheque no. 000422 for N50,000.00 receipted for under Credit Advice. Kafaru Ajala thereupon gave the cheque, No. 000422, to Patrick Ikechuku Olisa (P. W .5), the shorthand typist employed by the bank and dictated to him for taking down in writing the wording of the Credit Advice in the following words:

“Proceeds of cheque No. so and so N50,000”

or words to that effect. When as worded, the Credit Advice was passed on by Patrick Ikechuku Olisa to the second appellant, it was disapproved and torn off by the second appellant.

On the instructions of the second appellant, Patrick Ikechuku Olisa typed out another Credit Advice which reads: