MARK ONOCHIE ODUAH V. FEDERAL REPUBLIC OF NIGERIA

PEMU JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the Failed Bank (Recovery of Debts) and Financial Malpractice in Banks Tribunal, Lagos Zone, holden in Lagos, as contained in the judgment of the chairman of the tribunal, coram. Honourable Justice Amina Augie, delivered on 9 June 1997, whereby the 5th accused person, the appellant herein, was sentenced to a term of imprisonment for 12 (twelve) months. It is for the offence of forgery, as reflected in count 18 of the charge.

Facts of the case

The appellant and four other persons were charged with a 78 count charge of various offences. They spanned from the offences of stealing, obtaining by false pretences, receiving gratification, forgery, conspiring, and offences in relation to dishonoured cheques, and other offences. In the course of trial, the prosecution withdrew count 19-78 of the charge, which counts were accordingly struck out.

The appellant was the 5th accused person, and he was charged…