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BOLANLE ABEKE V. THE STATE

(2007) JELR 37069 (SC)

Supreme Court  •  SC.271/2005  •  30 Mar 2007  •  Nigeria

Coram
IDRIS LEGBO KUTIGI JSC; NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC;

Judgement

G. A. OGUNTADE, JSC (Delivering the Leading Judgment): The appellant, Bolanle Abeke, was charged on an information, before the Abeokuta High Court of Ogun State for an offence under Section 1(1)(b) of the Dishonoured Cheques (Offences) Act No. 44 of 1977. It was alleged that the appellant obtained a credit of ₦3,300.00 (three thousand, three hundred Naira) from one Ganiyu Ajayi by means of Cheque No. UDB 130480, Nigeria-Arab Bank Nigeria Ltd., Odeda and, the said cheque when presented on due date was dishonoured on the ground that the appellant had not sufficient funds in her account to cover the face value of the said cheque.

The offence was tried by Popoola J. The prosecution called seven witnesses. The appellant testified in her own defence and called three other witnesses. On 11/10/95, Popoola J. in his well-written and comprehensive judgment found the appellant guilty as charged.

The appellant was sentenced to a two-year term of imprisonment. Dissatisfied with her conviction, the…

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