Matthew Oluese V. Federal Republic Of Nigeria & Anor (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

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

By Notice of Appeal filed on the 19th of October 2012, the Appellant appeals the decision of Honourable Justice H.A.O. Abiru of the High Court of Lagos State, Ikeja delivered on the 27th of September 2012 in Charge No. ID/214C/2010.

The Appellant and Landmark Bureau De Change – his employer were convicted on the two count charges of stealing, and Issuance of Dishonoured Cheques.

FACTS

The Appellant is the General Manager of the 2nd Respondent. The Appellant received an order from one Gregory Ilobinno of Greful International Limited to sell and transfer the sum of $250,000.00 to a company in Norway known as Norfish Limited on behalf of the said customer, who has paid the naira denomination into the bank account of the 2nd Respondent, at the instance of the Appellant who gave him the said bank account, in his capacity as the General Manager of the 2nd Respondent.

The sum of 30 million naira was paid into the Spring Bank Account of the 2nd Respondent, and the Appellant then approached the bankers to the 2nd Respondent, bought some United States Dollars with it, and rather than carrying out instructions given to him by the customer, fraudulently converted the money to his use.

After persistent demand of the money by Gregory Ilobinno of Greful International, the Appellant issued and signed a cheque of the 2nd Respondent in the sum of N30 million dated 21st of October 2008.

The cheque, upon presentation was returned unpaid due to insufficient fund in the 2nd Respondents’ account.

Gregory Ilobinno of Greful International Limited then petitioned the office of the Executive Chairman of the Economic and Financial Crime Commission.

After investigation, the Appellant and the 2nd Respondent were charged to Court (the High Court of Lagos State Ikeja, to be specific) on a two count charge of stealing contrary to Section 390(8)(b) of the Criminal Code, Cap C17 Vol.2, Laws of Lagos State of Nigeria 2003; and Issuing of Dishonoured Cheque contrary to Section 1(1)(b) of the Dishonoured Cheque (offences) Act Cap. D11 Laws of the Federation of Nigeria 2004 respectively.

By Notice of Appeal filed on the 19th of October 2012, the Appellant has four Grounds of Appeal which are:

Ground No 1: “The learned trial Judge erred in law and exceeded his jurisdiction in hearing and determining count 1 of the charge.”

Ground N 2: “The learned trial Judge erred in law or misdirected himself in convicting the 2nd Defendant on count 2 of the charge when all the ingredient of the offence had not been established.”

Ground No 3: “The learned trial Judge erred in law in convicting a non-existed person.”