MICHAEL ALAKE V. THE STATE

I. L. KUTIGI, JSC (Delivering the Leading Judgment): The appellant along with three others namely Ganiyu Oke, Yisa Sadiq and Adewunmi Adeyinka as 2nd, 3rd and 4th accused persons respectively, faced an 18 count information at the Lagos High Court. Before the commencement of trial however, the 3rd accused person, Yisa Sadiq jumped bail and disappeared. The prosecution therefore decided to withdraw against him. The court made no order one way or the other and the charges were not amended either. Thereafter the matter proceeded to trial against the appellant, the 2nd and the 4th accused persons only since we have no provision in our laws for trial of an accused in absentia.

The 18 count information can easily be grouped into four heads thus -

(i) Inducing delivery of money by false pretences contrary to Section 419 of the Criminal Code. This covered counts 1, 2 and 3.

(ii) Forgery contrary to section 467(2)(g) of the Criminal Code which is covered by counts 4, 6, 8, 10, 12, and 14.

(iii…