Mr. Eric Onu & Anor. V. The State (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

SIDI DAUDA BAGE. J.C.A. (Delivering the Leading Judgment)

This is an appeal against the Ruling of Shitta-Bey J. of the High Court of Justice, Lagos State sitting in Lagos, delivered on the 24th of September 2008, dismissing the ‘No case submission’ made by the Appellants, and directing them to enter a defence.

The charge at the lower court as contained at pages 2 and 3 of the Record of Appeal reads as follows:

Count One:

Conspiracy to commit Felony contrary to Section 516 of the Criminal Code

PARTICULARS OF OFFENCE

Eric Onu and Ijeoma Onu on or about the 14th day of April, 2004 and on divers day between that day and the 16th day of June 2004 at Ikeja in the Ikeja Judicial Division conspired together to commit felony.

Count Two:

Forgery, contrary to Section 467 of the Criminal Code.

PARTICULARS OF OFFENCE

Eric Onu and Ijeoma Onu on or about the 14th day of April, 2004 at Lagos State University Teaching Hospital, Ikeja in the Ikeja Judicial Division forged a certain medical report purporting to be the medical report of Ikeja University Teaching Hospital.

Count Three:

Uttering a false document contrary to Section 468 of the Criminal Code.

PARTICULARS OF OFFENCE