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BAYO DADA v. FEDERAL REPUBLIC OF NIGERIA

(2014) JELR 36255 (CA)

Court of Appeal  •  CA/L/497/2014  •  31 Dec 2014  •  Nigeria

Coram
AMINA ADAMU AUGIE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

AMINA ADAMU AUGIE, J.C.A. (Delivering the Leading Judgment): The Appellant and Dr. Erastus Akingbola, Former Managing Director of Intercontinental Bank Plc.,were arraigned at the Lagos State High Court under a Joint Information dated 4/5/11. The Information has 29 Counts, with Counts 17,27,28 and 29 affecting the Appellant. All four Counts allege advance fee fraud against Mrs. Anthonia Akingbola (now at large), and the Appellant, who was General Manager of Tropics Securities Ltd. The Counts allege that with intent to defraud, he obtained various sums of money from the said Bank, by falsely pretending that it was indebted to Tropics Securities Ltd., for purchase of Shares on behalf of the Bank. He challenged the jurisdiction of the Court on the following Grounds -

(i) The Counts against [him] are in respect of monies allegedly obtained by false pretences from Intercontinental Bank Plc. for the purchase of shares quoted/traded on the floor of the Nigerian Stock Exchange.

(ii) The Counts…

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