Victor Olatunji Ogunade & Anor. V. The Attorney-general Of The Federation (1971)

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Parties

1. VICTOR OLATUNJI OGUNADE
   2. TAOFIKI AYINLA IBRAHIM Appellant(s)

AND

THE ATTORNEY-GENERAL OF THE FEDERATION  Respondent(s)

UDO UDOMA, J.S.C. 

The two appellants, Victor Olatunji Ogunade and Taofiki Ayinla Ibrahim were tried and convicted in the High Court of Lagos by Kassim,J. Upon a complaint which reads as follows:-

”The complaint of Antigha Ekpe Nyong, Senior State Counsel in the Department of Director of Public Prosecution of the Federal Ministry of Justice who upon oath states:

“That the defendants on or about the 11th day of November 1969 at No.9 Turton Street, Yaba in the Lagos State jointly had in their possession five thousand one pound Federal Republic of Nigeria former currency notes (which immediately before the conversion date were in circulation in Nigeria as legitimate currency of Nigeria) after the time fixed under Decree No.51 of 1967 for their conversion in Lagos State, and thereby committed an offence contrary to section 1B(I)(a) and punishable under section IB(1)(f) of the Central Bank (Currency Conversion) (Amendment) Decree 1968.”

They were each sentenced to a fine of 5,000pounds or two years imprisonment H.L. and three years I.H.L. sentence to run consecutively.

In his judgment, the learned trial Judge held that the case against both appellants has been proven and that the “learned counsel for the first defendant was, therefore, wrong when he said that A and B could not be in possession of the same thing at the same time.”

Both appellants have now appealed to this Court against their conviction. Both complain against the judgment: and the substance of their complaint is that the learned trial Judge erred in law in holding that the appellants jointly had in their possession currency notes, the subject matter of the charge, at the same time and place and that such joint possession at No.9 Turton Street, Yaba was not established on the evidence. There is no complaint against the facts as found by the learned trial Judge. The complaint is that the facts did not establish the offence charged; and as the decision of this court in this appeal must turn on the facts, it is necessary to examine the evidence which was before the court and which the court accepted.

The case for the prosecution, which was accepted by the learned trial Judge, was briefly that as a result of an information received, A.S.P. Abdulahi Jika (P.W.1) met Raymond Chidiak (P.W. 2), a transporter at, Mogambo Hotel at Maryland in Ikeja early in November, 1969. He introduced himself to him as Alhaji Usman 5 who was also in the transport business. On 7th November, 1969 both of them met again and AS.P. Abdulahi Jika (P.w.1) told him that he had just returned from lbadan in connection with his transport business and requested Raymond Chidiak (P.w. 2) to introduce him to sellers of old Nigerian Currency notes, as he was anxious to buy them. Thereupon Raymond Chidiak (P.W. 2) took him and introduced him to the first appellant at his house as Alhaji Usman – a transporter. The first appellant was in turn also introduced to AS.P. Abdulahi Jika (P.w. 1) as a Manager at the Central Bank, Lagos, Raymond Chidiak (P.w. 2) then told the first appellant that AS.P. Abdulahi Jika (P.w. 1) was interested in buying old Nigerian Currency notes. There and then the first appellant told A.S.P. Abdulahi Jika (P.W.1) that he had in his possession 250,000 old Nigerian pound notes for sale. The first appellant and A.S.P. Abdulahi Jika (P.W.1) then negotiated the price and the first appellant finally agreed to sell the notes to A.S.P. Abdulahi Jika (P.w. 1) at 3s per pound note. They both agreed to meet again at Chidiak’s house the following day, that is, on 8th November, 1969 at 4 p.m. A.S.P. Abdulahi Jika (P.w.1) and Raymond Chidiak (P.w. 2) thereafter drove away in the latter’s car; and at the Niger Palace Hotel where he had previously told Raymond Chidiak (P.W. 2) he was putting up, Abdulahi Jika (P.w. 1) alighted from the car and Raymond Chidiak (P.W. 2) drove away. A.S.P. Abdulahi Jika (P.w.1) having lost sight of Raymond Chidiak (P.W.2), also drove away in his own car.

At about 8.a.m. on 8th November, 1969, A.S.P. Abdulahi Jika (P.w. 1) called at Raymond Chidiak’s house but found him absent. He left him a note. He did not turn up at 4 p.m. as previously arranged. On 10th November, 1969, at about 9.a.m. A.S.P. Abdulahi Jika (P.w.1) called at Chidiak’s house, again the latter was absent. He decided to wait for him and did so. While waiting, there walked into the house the first appellant and another person. Conversation ensued during which the first appellant told Abdulahi Jika (P.w.1) that he had in his car which was then parked at the entrance to the house, 5,000 Nigerian pound notes. He offered to sell them to AS.P. Abdulahi Jika (P.w.1). The latter declined to accept the offer but insisted on having the whole of the 250,000 pound notes which the first appellant had previously said he had in his possession. They parted after agreeing to meet again later that day.

They met again but this time the first appellant was accompanied by the second appellant. Conversation ensued again during which the first and second appellants pressed upon A.S.P. Abdulahi Jika (P.w.1) to buy the 5,000 pound 40 notes first, promising that thereafter they would produce the balance for sale to him. The first appellant then said to A.S.P. Abdulahi Jika (P.w.1): “Look, Usman, you are a small boy, and so all of us here are in position to direct you in life, and, as such you have nothing to fear.” The second appellant also said to A.S.P. Abdulahi Jika (P.w. 1): “The three of us here are responsible people. Mr.Ogunade (meaning the first appellant) is a manager in the Central Bank and he is in charge of the currency conversion exercise in both the Rivers and South Eastern States. Myself, I am a business man and contractor for the army and I supply them with medical equipment. I have been dealing with Northerners and provided you pay for the 5,000 pound notes we are in position to sell to you old currency notes up to the value of ‘C2’a31 million. We have the money not only within Lagos Island, but also at Agege and Mushin.” A.S.P. Abdulahi Jika (P.w.1) agreed to buy the 5,000 pound notes. Thereupon they agreed to meet again on 11th November, 1969 at 10.30 a.m. to execute the deal.

On that day at about 11 a.m. A.S.P. Abdulahi Jika (P.W. 1) briefed Samuel Adeshina Adebayo (P.W. 3) Superintendent of Police attached to the C.I.D., Ikoyi and five other detectives who accompanied him to the Niger Palace Hotel where they left their vehicles and walked to No.9 Turton Street, Yaba where Raymond Chidiak (P.W. 2) lives. As he was about to enter the house, A.S.P. Abdulahi Jika (P.w. 1), who had then in his hand a briefcase containing ‘C2’a35,000 met the first appellant. He apologised to him for being late. He explained that he had to go to Apapa Wharf to see the loading of one of his vehicles. Both of them walked into the house. They met Raymond Chidiak (P.W. 2) and the second appellant already in the sitting room waiting. Thereupon the first appellant asked A.S.P. Abdulahi Jika (P.w.1) if he was ready to buy the ‘C2’a35,000 pound notes. A.S.P. Abdulahi Jika (P.W.1) said: “Yes”. The first appellant then handed over the key of his car to the second appellant and the second appellant went to the car and brought back to the house a carton containing 5,000 Nigerian pound notes. As the second appellant was about to empty the carton onto the carpet,the first appellant said that they should retire into one of the rooms to count the money. The first and second appellants, A.S.P. Abdulahi Jika (P.W.1) and Raymond Chidiak (P.w. 2) thereupon went together into a room adjacent to the sitting room and there started counting the money which was poured out unto the floor by the second appellant.