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AUGUSTINE IHEANYI EDWIN OBIOMA V. THE STATE

(2018) JELR 56955 (SC)

Supreme Court  •  SC.326/2015  •  23 Mar 2018  •  Nigeria

Coram
OLUKAYODEARIWOOLAJSC (Presided) MUSADATTIJO MUHAMMAD JSC K. M. O. KEKERE-EKUN JSC (Read the Lead Judgment) CHIMA CENTUS NWEZE JSC EJEMBI EKO JSC

Appearances
Emeka Nwagwu Esq. - For the Appellant Umeh Kalu SAN, Attorney-General, Abia State [with him, N. N. Akinola (Mrs.), (D.D.P.P. M.O.J. Abia State) and Miss B. C. Okezie (SSC) - For the Respondent.

Judgement

KEKERE-EKUN JSC. (Delivering the Lead Judgment): The appellant herein was arraigned on 10 October 2007 before the High Court of Abia State, sitting at Umuahia on an amended 24-count charge of stealing, forgery and uttering false documents contrary to sections 390(7), 167, 467(2)(g) and 468 of the Criminal Code, Vol. 2, Cap. 30, Laws of Eastern Nigeria, 1963 applicable in Abia State. In counts 1 and 2, he was charged with stealing. In counts 3-13, he was charged with forgery while in counts 14-24, he was charged with uttering false documents.

The facts of the case are that the appellant, who was the Director of Finance and Supply at Broadcasting Corporation, Abia State at Umuahia, (BCA) allegedly forged a total of 11 (eleven) cheques belonging to the corporation between November 1999 and January 2002 and knowingly and fraudulently altered the said cheques, which he cashed at Hallmark Bank Plc., Aba, Umuahia and at Umuchukwu Community Bank, Umuahia. It was alleged that he stole a total o…

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