ODU V. THE STATE (1965) LCER-338(SC) #

Case Summary #

This appeal borders on Criminal Law and Procedure.

Brief Facts: #

This appeal challenges the ruling of the High Court of Eastern Nigeria. The appellant held a position as an Executive Officer in the Federal Labour Office at Calabar, responsible for handling payments received from the Anglo-Spanish Employment Agency for laborers recruited to work in Fernando Po. Payments were made via cheques, and a procedure, suggested by the appellant, was established for their processing: they were to be deposited into an account at the Bank of West Africa, Calabar, titled the Labour Officer Fernando Po Account, and a subsequent cheque would be drawn on this account, payable to the Sub-Treasurer, Calabar, for crediting to Federal revenue. These latter cheques required the appellant’s signature, counter-signed by the Labour Officer, Mr. Boardman.

On March 1, 1962, as Mr. Boardman was preparing to depart on leave, the appellant presented a cheque (No. D/11 011869) for 4,855 for countersignature, which Mr. Boardman approved. The cheque, however, displayed discrepancies: the payee’s name, written by the appellant, was altered to “The Treasurer, Aba District,” and endorsed as “B. Etor, Treasurer.” Subsequently, the appellant, under the name Bassey Etor, attempted to deposit this cheque into a savings account at the Bank of West Africa, Uyo, but it was refused payment, leading to his arrest.

The appellant was charged with forgery of the cheque, specimen signature card, and paying-slip, uttering the forged cheque, and attempting to steal 4,855, property of the Federal Government. Notably, he was not charged with stealing the cheque itself. Subsequently, he was convicted on all counts following trial, prompting an appeal to the Supreme Court.

Legal Issues: #

The Court determined the propriety of the convictions of the appellant on the respective counts.

Ratio Decidendi #

CRIMINAL LAW AND PROCEDURE – Offence of Forgery – Meaning of false document or writing #

“Section 464 defines a false document or writing as including one of which “the whole or any material part purports to be made by or on behalf of some person who does not in fact exist.” Per LIONEL BRETT, JSC ODU V. THE STATE (1965) LCER-338(SC) (P. 5, Paras B – C)

CRIMINAL LAW AND PROCEDURE – Offence of Forgery – Statutory meaning of forgery of a document or writing #

“Under Section 465 of the Code, forgery consists of making a false document or writing, knowing it to be false and with the necessary intent.” Per LIONEL BRETT, JSC ODU V. THE STATE (1965) LCER-338(SC) (P. 5, Paras A – B)

Decision/Held: #

The Supreme Court dismissed the appeal as regards counts 1, 2 and 3. As regards the remaining two counts the appeal was allowed, the convictions were set aside and verdicts of acquittal were entered.