MATTHEW OLUESE V. FEDERAL REPUBLIC OF NIGERIA & ANOR

RITA NOSAKHARE PEMU, JCA (Delivering the Leading Judgment): By Notice of Appeal filed on the 19th of October 2012, the Appellant appeals the decision of Honourable Justice H.A.O. Abiru of the High Court of Lagos State, Ikeja delivered on the 27th of September 2012 in Charge No. ID/214C/2010.

The Appellant and Landmark Bureau De Change - his employer were convicted on the two count charges of stealing, and Issuance of Dishonoured Cheques.

FACTS

The Appellant is the General Manager of the 2nd Respondent. The Appellant received an order from one Gregory Ilobinno of Greful International Limited to sell and transfer the sum of $250,000.00 to a company in Norway known as Norfish Limited on behalf of the said customer, who has paid the naira denomination into the bank account of the 2nd Respondent, at the instance of the Appellant who gave him the said bank account, in his capacity as the General Manager of the 2nd Respondent.

The sum of 30 million naira was paid into the Spring Bank Accoun…