Kure V. Cop (2020)

LAWGLOBAL HUB Lead Judgment Report

PAUL ADAMU GALUMJE, J.S.C. 

The Appellant herein, was introduced to Mrs. Sokari Davies, who was Director of Tourism, Ministry of Culture and Tourism, Rivers State of Nigeria as a consultant on Wild Animals by one Roland Ahmed in 2005. Ahmed who described the Appellant as his friend told Mrs. Sokari Davies that the Appellant was capable of supplying wild animals to the ministry. So when the need for purchase of wild animal arose, Mrs. Davies told the Commissioner in charge of her Ministry about the Appellant. Together they invited the Appellant where they discussed extensively about the supply of wild animals. In 2013, Mrs. Davies contacted the Appellant and sought to know what types of animals he had. The Appellant told her that he had Giraffes, Zebras and other animals, for sale. The Appellant after a formal discussion with the commissioner in charge of the ministry, agreed to supply a calf giraffe at the cost of Three Million, Five Hundred Thousand Naira (N3.5 Million). He supplied his Bank account no.2008212399 domiciled at the United Bank for Africa and promised to deliver the animal within two weeks. The Honourable

1

commissioner directed Mrs. Davies and the Director of Finance to effect payment and ensure prompt delivery of the animal. Payment was effected on the 1st of February, 2013 and the Appellant sent a receipt for the payment to Mrs. Sokari Davies by e-mail. The animal was not delivered. Several months later, Mrs. Davies discovered that the Appellant had withdrawn substantial part of the money when the animal was yet to be supplied. She contacted a lawyer who applied for and obtained an order of lien on the account into which the money was paid. She wrote a letter of complaint to the Commissioner of Police, Kaduna State on the 26th of November, 2013 and the Appellant was subsequently arrested and was arraigned before a Chief Magistrate’s Court Kaduna for the offence of criminal breach of trust and cheating contrary to Sections 312 and 322 of the Penal Code. By the time lien was placed on the account into which the money was paid, the Appellant had withdrawn N2,505,000.00 leaving a balance of N995,000.00.

​

The Appellant herein, was arraigned before a Chief Magistrate Court, Kaduna on a First Information Report (FIR) on allegation of criminal breach of trust and

2

cheating contrary to Sections 312 and 322 of the Penal Code. After the First Information Report was read and explained to the Appellant, he pleaded not guilty. In order to prove its case, the prosecution called three witnesses and tendered in evidence two written statements of the Appellant and a printout statement of UBA Account of the Appellant. These documents were admitted in evidence and marked Exhibits A1, A2, and B respectively.

​

At the close of the prosecution’s case, the learned Chief Magistrate ruled that the prosecution had established a prima facie case of cheating and criminal breach of trust against the Appellant. The Appellant pleaded not guilty to the two counts charge that was framed by the Chief Magistrate and elected to give evidence in his defence. After his evidence in chief, the Appellant made several attempts to call another witness without success, and so he finally closed his case on the 5th of October, 2015. In a reserved judgment, delivered on the 23rd of October, 2015, the trial Chief Magistrate found the Appellant guilty as charged and sentenced him to a fine of N5,000.00 or 1 year imprisonment for the offence of cheating and a

3

fine of N8,000.00 or 2 years imprisonment for criminal breach of trust. In addition, the Appellant was ordered to pay the sum of N2,505,000.00 as compensation to the nominal complainant, being the balance of the N3.5 Million paid to the Appellant by the nominal complainant for male calf giraffe which he failed to deliver to her, since the nominal; complainant had already retrieved the sum of N995,000.00 from the bank account of the convict at UBA Plc.

The Appellant was not happy with the decision of the Chief Magistrate. Being aggrieved, he appealed to the High Court and submitted two grounds of appeal. The appeal was heard and in a unanimous decision, the High Court (Coram M. L Bello and B. F Zubairu JJ) dismissed the appeal and affirmed the decision of the Chief Magistrate.

​