MICHAEL TAKIM V. THE STATE

ONYEKACHI A. OTISI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment and sentence of the High Court of Cross River State sitting at Ogoja delivered on July 16, 2012 in charge No HJ/2C/2010 in which the Appellant was convicted and sentenced to 5 years imprisonment.

The Appellant was charged on a 4 count Charge. The prosecution subsequently withdrew counts 1 and 3, leaving counts 2 and 4. The facts of this case are, in summary as follows:

The complainant in this case testified as PW2. He knew the Appellant as the Eco Bank Manager, Ogoja Branch. Sometime between 2008 and 2009, he opened a savings account with the Branch with the sum of N2 million through the Appellant then as Branch Manager. He was not given an account number on the day he opened the account because he was informed that the computer system was down. PW2 subsequently made some withdrawals totaling N1 million. When he tried to make a further withdrawal, he was informed that he had no more mo…