MICHAEL IJUAKA V. COMMISSIONER OF POLICE

A. O. OBASEKI, J.S.C (Delivering the Leading Judgment): This appeal is against the judgment of the High Court Calabar, presided over by Kooffreh, J., (as he then was) in Appeal No.C/25AC/ 74 delivered on the 27th day of January 1975, dismissing the appellant's appeal against his conviction by the Chief Magistrate Calabar on two counts (courts 1 and 3 of the Charge) of obtaining money by false pretences contrary to section 419 of the Criminal Code.

Before the Magistrate Court, Calabar, the appellant was tried on a five count charge, counts 1, 3 and 5 of which for the purpose of this judgment, we will reproduce in full.

Count 1: That you Michael Ijiaka (m) on the 31st January 1973, at Calabar, in the Calabar Magisterial District, with intent to defraud, obtained the sum of N45.00 from Monday Udofia (m) by falsely pretending that you were able to print genuine N2,000.00 and thereby committed an offence under section 419 of the Criminal Code.

Count 3: That you Michael Ijuaka (m) on the 31…