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TAIWO BUCKNOR SMART V. THE STATE

(1974) JELR 37553 (SC)

Supreme Court  •  SC.333/73  •  28 Nov 1974  •  Nigeria

Coram
GEORGE BAPTIST AYODOLA COKER JSC AYO GABRIEL IRIKEFE JSC DANIEL O. IBEKWE JSC

Appearances
Chief R.A. Fani-Kayode (Mr. G. Alatishe with him) for the Appellant; Mr. A.O. Ejiwunmi D.D.P.P. Lagos State (Mr. A. Adetosoye S.S.C. Lagos State with him) for the Respondent.

Judgement

COKER, J.S.C. (Delivering the Leading Judgment): The appellant was charged before, and tried by, the Lagos Assizes (Lagos State) on an Information charging him with:

(i) stealing a sum of 5,000(pounds) (or N10,000) which was entrusted to him by one Titus Essien to transfer to the account of D.L. Payne in Britain contrary to section 390(8)(b) of the Criminal Code;

(ii) forgery of Form B Application to Purchase Foreign Currency No.A154313 for purchase of 5,757-17-d British sterling contrary to section 467 (2)(h) of the Criminal Code;

(iii) uttering of document alleged on Count 2 contrary to section 468 of the Criminal Code;

(iv) forgery of Form B of Application to Purchase Currency No. AI66494 for purchase of 6,137.25(pounds) British sterling contrary to section 467 of the Criminal Code;

(v) uttering of document alleged on Count (iv) contrary to section 468 of the Criminal Code;

(vi) forgery of Bill of Entry No. 22499 purporting same to have been signed by Messrs. Andex (Nigeria) Ltd., …

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