Judgment
ONYEKACHI AJA OTISI, J.C.A. (Delivering the Leading Judgment): By an information dated 27/11/2017, the Appellant, and a second defendant, Michi Industries International Ltd, were arraigned before the High Court of Lagos State, Ikeja Judicial Division on the following three counts charge: 1.
Stealing contrary to Section 285(9)(b) of the Criminal Law of Lagos State of Nigeria, 2011 Particulars of Offence Michael Ikechukwu Michael and Michi Industries International Ltd on or about the 9th October, 2012 at Lagos within the Ikeja Judicial Division, dishonestly converted to your personal use the sum of Seven Million Four Hundred and Eight Thousand Naira (N7,408,000.00) being the value of Electronic Equipment and Instruments, property of Ibina Celestine. II. Obtaining goods by false pretence contrary to Section 1(2) and (3) of the Advanced Fee Fraud and other Related offences Act.
Particulars of Offence Michael Ikechukwu Michael and Michi Industries International Limited, on or about the 9th October, 2012 at Lagos within the Ikeja Judicial Division with intent to defraud, induced Mr. Celestine Ibina of NO. BB. 27H Alaba International Market, Ojo, Lagos to supply and deliver Electronic Equipment and Instruments valued N7,408,000.00 (Seven Million Four Hundred and Eight Thousand Naira) to Michi Industries International Limited on the false pretence that after two months of the supply you will pay back the amount, which pretence you knew to be false. III.
Issuance of Dud Cheque contrary to Section 1(1) of the Dishonoured Cheques (Offences) Act Cap D11, Laws of Federation of Nigeria, 2004.
Particulars of Offence Michael Ikechukwu Michael and Michi Industries International Limited on or about the 13th March, 2013 at Lagos within the Ikeja Judicial Division, without sufficient funds to your credit in Zenith Bank Plc domiciliary Account no: 61516920 dated 13th March, 2013 for the sum of N3,408,000.00 (Three Million Four Hundred and Eight Thousand Naira) in favour of Ibina Celestine as payment for the product supplied to Michi Industries International Limited which cheque upon presentation for payment was returned unpaid. The Appellant pleaded not guilty to the offences.
