Mark Onochie Oduah V. Federal Republic Of Nigeria (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU J.C.A. (Delivering the Leading Judgment)

This is an appeal against the decision of the Failed Bank (Recovery of Debts) and Financial Malpractice in Banks Tribunal, Lagos Zone, holden in Lagos, as contained in the Judgment of the Chairman of the Tribunal, Coram Honourable Justice AMINA AUGIE, delivered on the 9th of June 1997, whereby the 5th accused person, the Appellant herein) was sentenced to a term of imprisonment for 12 (twelve) months.

It is for the offence of forgery, as reflected in count 18 of the charge.

FACTS OF THE CASE

The Appellant and four other persons were charged with a 78 counts charge of various offences. They spanned from the offences of stealing, obtaining by false pretences, receiving gratification, forgery, conspiring, and offences in relation to dishonoured cheques, and other offences. In the course of trial, the prosecution withdrew counts 19-78 of the charge, which counts were accordingly, struck out.

The Appellant was the 5th accused person, and he was charged with one count only, namely count 18. It reads thus:-

“That you, Mark Onochie Oduah, while being on officer of A.C.B. in Lagos, on or about the 10th day of August 1993, did commit a felony, to wit, you committed the offence of forgery .in that you fraudulently included in the list of companies whose cheques are accommodated for guidance facility in respect of account No. 4319 at Nsukka Branch of the Bank, the names of companies not approved by the Executive Director and you thereby committed on offence punishable under Section 467 of the Criminal Code.”

The accused persons all pleaded “Not Guilty” to the respective counts against them. The prosecution called eight witnesses, PW1-PW8 and the accused persons testified. The Appellant testified as DW4 and called DW5, DW6 and DW7 as his witnesses.

At pages 27 of the Record of Appeal it is explicit that the 5th accused person pleaded not guilty to the 18th count on the charge sheet.

The prosecution’s story is that sometime in 1991, the management of A.C.B. Ltd observed that the Bank’s clearing accounts with the Central Bank was consistently overdrawn. This was as a result of indiscriminate purchase of cheques by branch managers and fraudulent lodgments of other banks’ cheques by customers into their accounts with ACB Ltd, knowing that these customers had no fund from the originating banks or branches to cover the cheques.

The management of A.C.B Ltd then resolved that no manager or other staff of the bank should purchase any cheques into any customer’s accounts and that any cheque lodged into A.C.B Ltd branch by a customer should be allowed to run the full clearing circle and that no staff should accord value to any such cheques before they were cleared.

If there arose, however, any need for a customer to draw against such cheques before they are cleared, the branch manager should document such necessity and forward same to the Executive Director (operations) for approval and or guidance.

This new introduction was labeled “GUIDANCE FACILITY”, the operation of which resulted in the series of transaction giving rise to the charge against the Appellant and four others.

The 5th accused person (the Appellant herein) was a manager at the Head Office of Ohoazara branch of A.C.B. Ltd. of which the 4th accused person was manager.