Frank Mukoro-Mowoe v. The State (1973)

LawGlobal-Hub Lead Judgment Report

FATAYI-WILLIAMS, J.S.C.

On 29th June, 1972, at the Warri High Court, the 1st accused (now appellant), a legal practitioner, was convicted on six counts-one of conspiracy to commit a felony, three of personation, one of forgery and one of stealing. One Robinson Oye who was tried with him as the 2nd accused was also convicted on all the counts except stealing.

The particulars of the first count of conspiracy stated that the accused and one Robinson Oye on or about the 10th day of February, 1967 at Warri, conspired with each other and with other persons unknown to commit the felony of personation. Those of the second, third and fourth counts stated that the accused and Robinson Oye at the same time and place and with intent to defraud counselled and procured Victoria Oye to personate one Okuvberi Bomiaye, David Kome to personate one Michael Okhofasa Bomiaye, and Oshogbo Adehor to personate one Martin Bomiaye. The particulars also stated that the respective personation took place during the swearing to an affidavit with respect to the estate of the late Madam Udoro Elijah. The particulars of the count of forgery stated that the two accused persons forged an affidavit of dependency dated 10th February, 1967, sworn to by Robinson Oye (the second accused) and purported to have been sworn to by Martin Bomiaye. That of stealing stated that Frank Mukoro Mowoe on or about the 30th day of July, 1967 at Warri, stole the sum of 400(pounds) the property of Martin Bomiaye, Michael Okhuofasa, Okuvberi Bomiaye and Robinson Oye.

The facts giving rise to the prosecution and of the accused may be summarised as follows. Some time in 1965, Madam Udoro Elijah died in a motor accident in Warri. She was survived by three children, namely: Martin Bomiaye (8th P.W.) who is the eldest of the three, Michael Bomiaye and Okuvberi Bomiaye. She was also survived by her younger brother Robinson Oye (2nd accused). At the time of his mother’s death, the 8th P. W. was a soldier attached to the 9th Brigade of the Nigerian Army, and stationed in Lagos. He went to Warri for the funeral ceremonies. On his return to Lagos after the funeral, the 8th P.W. received a letter from Robinson Oye in which he stated that an insurance company had agreed to pay the sum of 1,000(pounds) as compensation for the death of Madam Elijah Robinson Oye also wanted the 8th P.W. to go to Warri to see him about the matter but he replied that he could not go because the civil war was on and the Mid-West had then been occupied by the rebel forces.

A few months later, the 8th P.W. went to Warri. When he asked Robinson Oye about the 1,000(pounds) paid by the insurance company, Robinson Oye said he had claimed the money in accordance with some arrangement between him and the lawyer whom he (Robinson Oye) had engaged for the matter. The lawyer is Frank Mukoro Mowoe, the first accused (now appellant). The 8th P.W. then went to see the appellant. He asked him if he knew anything about an insurance claim in respect of which he had received instructions from Robinson Oye. The appellant at first replied that he knew nothing about the claim. As the 8th P.W. was about to go away, the appellant called him back and then told him all about the claim. The 8th P. W. narrated what he was told as follows:

“He said that the insurance company paid him 1,000(pounds) in respect of my mother’s death and he shared it with the 2nd accused my uncle.

I asked for the name of the insurance company and the papers which passed between him and the insurance company. The 1st accused told me that the papers had been forwarded to India. He did not tell me the name of the insurance company.”

As he already knew of an Indian insurance company in Lagos, the 8th P. W. returned to Lagos and went to their office in Balogun Street to enquire about how much they had paid as compensation for his mother’s death. The person he saw there refused to disclose the amount. Instead, he asked for a specimen of his signature, and after obtaining the specimen, he took it to another part of the office. He later returned, gave the 8th P. W. some information, and advised him to consult a lawyer.

In view of the information given to him at the office of the insurance company the 8th P.W. went home and wrote to the Solicitor-General of the Mid-Western State.The letter to the Solicitor-General (exhibit A1) is dated 17th July, 1968 and it reads:

“Dear Sir,

A complaint about my mother’s estate .

This is to complain to you about what has been done to my mother’s estate by Barrister Frank Mowoe of Warri and one Mr Robinson Oye my uncle.

On the 25th of April, 1965 my mother, the only one remaining of my parents, my father being dead before I was five years old, died in a motor accident thus leaving me, a junior brother and a sister orphans.

The case was taken to court at Warri and the court awarded one thousand pounds (1,000(pounds)) to my mother’s estate.