CHIKE OBIAKOR V. FEDERAL REPUBLIC OF NIGERIA

CHIDI NWAOMA UWA, J.C.A. (Delivering the Leading Judgment): The appeal is against the judgment of the High Court of Lagos State, delivered on the 9th day of January, 2019, presided over by S. S. Ogunsanya, J, (hereafter referred to as the trial Court). The Appellant and his company CNC Industries Ltd were arraigned before the trial Court on a three count charge of stealing, obtaining money by false pretence and issuance of a dishonoured cheque.

The Appellant pleaded not guilty to the charges. The Respondent called four (4) witnesses while the Appellant gave evidence in defence of the Defendants. At the close of the trial, in the judgment of the trial Court, the defendants were discharged and acquitted of the dishonoured cheque but found guilty on counts one and two of the charge for stealing and obtaining by false pretence respectively.

The Appellant who was dissatisfied with the judgment of the lower Court in respect of counts one and two, appealed to this Court by his notice of appeal…