Gabriel Erim V. The State (1994)

LawGlobal-Hub Lead Judgment Report

OGWUEGBU, J.S.C.

The appellant and four others were tried and convicted by Effanga, J. sitting in the Calabar Judicial Division of the High Court of Cross River State with the following offences:-

“Statement of Offence Count 1

Conspiracy to effect unlawful purpose, contrary to section 518(f) of the Criminal Code.

Particulars of Offence

Paulinus Orok Bassey, George Okon, Justine Geku Orufa, Gabriel Erim and Mfon Akpan lniunam between the months of June and September, 1979 at Calabar in the Calabar Judicial Division conspired among yourselves and with other persons unknown to effect an unlawful purpose to wit: stealing.

Statement of Offence Count 11

Stealing, contrary to section 390 of the Criminal Code.

Particulars of Offence

Paulinus Orok Bassey, George Okon, Justine Geku Orufa, Gabriel Erim and Mfon Akpan Iniunam in or about the month of September, 1979 at Calabar in the Calabar Judicial Division stole one Mercantile Bank of (Nig.) Ltd. Mail Transfer form number 28008 valued 2 kobo property of the Mercantile Bank (Nig.) Ltd.

Statement of Offence Count 111

Forgery contrary to section 467 of the Criminal Code.

Particulars of Offence

Paulinus Orok Bassey, George Okon, Justine Geku Orufa, Gabriel Erim and Mfon Akpan lniunam in or about the month of September, 1979 at Calabar, in the Calabar Judicial Division forged one Mercantile Bank of (Nig.) Ltd. Mail Transfer form No. 28007 for the sum of N782,546.98 purporting same to have been issued by Joseph Akpan Udo, Manager of Mercantile Bank of (Nig.) Ltd., Mbukpa Branch, Calabar.