Awere Abyssinia Nwafor Orizu & Anor V. The Queen (1954)

LawGlobal Hub Judgment Report – West African Court of Appeal

Criminal Law and Procedure—Stealing—Money deposited for specific purpose —Purpose not carried out—Money not returned though demanded—
Criminal Code, section 383 (1) and (2) (f)

Facts

Under the above section stealing is a fraudulent taking or conversion, and it is fraudulent if done with (inter alia) “(f) in the case of money, an intent to use it
at the will of the person who takes or converts it, although he may intend afterwards to repay the amount to the owner ”.

The appellants were convicted of conspiring to defraud such persons as might be induced to deposit money with them as officers or agents of a body known as the American Council on African Education Incorporated, of which the first appellant was the President-General in Nigeria and in America and sponsored the scholarships awarded. People applied for scholarships and made deposits.

The finding was that each amount was deposited for a specific purpose, that it was the first appellant’s plain duty either to have sent the particular students in whose interest the deposits had been made to America as he agreed to do, or refund the deposits to those who had made them, but he did neither, nor did he refund the moneys on demand or at a reasonable time thereafter; and the first appellant was convicted of stealing the moneys.

Of the arguments on appeal the only one calling for note was the argument that the trial Judge erred in saying that the above paragraph (f) applied.

Held

Paragraph (f) of section 383 (2) of the Criminal Code clearly applied to the case.

Appeals dismissed.