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VICTOR OLATUNJI OGUNADE & ANOR. V. THE ATTORNEY-GENERAL OF THE FEDERATION

(1971) JELR 33306 (SC)

Supreme Court  •  SC.19/02/1971  •  19 Feb 1971  •  Nigeria

Coram
IAN LEWIS JSC; CHARLES OLUSOJI MADARIKAN JSC; UDO UDOMA JSC;

Judgement

UDO UDOMA, J.S.C. (Delivering the Leading Judgment): The two appellants, Victor Olatunji Ogunade and Taofiki Ayinla Ibrahim were tried and convicted in the High Court of Lagos by Kassim,J. Upon a complaint which reads as follows:-

''The complaint of Antigha Ekpe Nyong, Senior State Counsel in the Department of Director of Public Prosecution of the Federal Ministry of Justice who upon oath states:

"That the defendants on or about the 11th day of November 1969 at No.9 Turton Street, Yaba in the Lagos State jointly had in their possession five thousand one pound Federal Republic of Nigeria former currency notes (which immediately before the conversion date were in circulation in Nigeria as legitimate currency of Nigeria) after the time fixed under Decree No.51 of 1967 for their conversion in Lagos State, and thereby committed an offence contrary to section 1B(I)(a) and punishable under section IB(1)(f) of the Central Bank (Currency Conversion) (Amendment) Decree 1968."

They were each se…

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