Wahabi Mumuni & Ors Vs The State (1975)

LawGlobal-Hub Lead Judgment Report

G. IRIKEFE, J.S.C.

Before the criminal assizes of the Lagos High Court, the charges as finally formulated in these proceedings read thus:
1st Count- Conspiracy to forge contrary to Section 516 of the Criminal Code.

Particulars of Offence
That you:
1 WAHABI ONASANYA MUMUNI (m)
2 KADIRI ADEBISI (m)
3 MONDAY ENYINNA (m)
4 AUGUSTINE EKPO (m)
5 PETER OKUN (m)
6 OKON ARCHIBONG (m)
7 KINGSLEY ELUW A (m)
8 ISHOLA KAZEEM-ALIAS BABA KUDI (m)
9 FRED. NDIWE (m)
10 UDOMA ONWUKA EBULE (m)
11 HIRAN AND MOORJANI (m)
12 BADREDDINE AREFEL- YAFFI (m) 13 A YODELE OGUNDEPO (m)
14 RICHARD PEPPLE (m)
on or about 11th October, 1973, conspired with one another to commit a felony to wit: the forgery of a letter reference No. C/0062Nol. 7/646 dated 11th October, 1973 for the transfer of the sum of N268,534.19 from the Lagos State Government account with the Central Bank of Nigeria, Lagos to the account of a limited liability company called Halabi and Elian (Nigeria) Ltd., with the Barclays’ Bank at 40 Marina, Lagos Branch.

2nd Count- Conspiracy to steal contrary to Section 516 of the Criminal Code.

Particulars of Offence
That you:
(The 14 accused persons) on or about 11th October, 1973, at Lagos, conspired to commit a felony, that is, to steal the sum of N268,534.19, the property of the Lagos State Government.

3rd Count- Conspiracy to forge contrary to Section 516 of the Criminal Code.

Particulars of Offence
That you:
(The 14 accused persons) on or about 11th October, 1973, conspired with one another to commit a felony to wit: the forgery of a letter reference No. C/0062 Nol. 7/647 dated 11th October, 1973 for the transfer of the sum of N252, 885.90 from the Lagos State Government account with the Central Bank of Nigeria, Lagos to the account of a Limited Liability Company called COMECO (Nigeria) Ltd. with the United Bank for Africa Limited, Ebute-Metta (Hereinafter called U.B.A.).

4th Count- Conspiracy to steal contrary to Section 516 of the Criminal Code.

Particulars of Offence That you:
(The 14 accused persons) conspired to commit a felony, that is to steal the sum of N252,885.90, the property of the Lagos State Government.

5th Count-Forgery contrary to Section 467 (2) (h) ofthe Criminal Code.

Particulars of Offence
That you:
(The 14 accused persons) on or about the 11th day of October, 1973
at Lagos in the Lagos Judicial Division forged a document to wit: a letter reference No. C/0062Nol. 7/646 dated 11th October, 1973 for the transfer of a sum of N268,534.19 purporting same to have been signed by one I. E. JOHNSON (m) the Accountant-General of Lagos State and one B. A. KARIM (m) the Deputy Accountant-General of Lagos State.

6th Count- Uttering a false document contrary to Section 468 of the Criminal Code.
Particulars of Offence
That you:
(The 14 accused persons) on or about the 12th day of October, 1973 at Lagos in the Lagos Judicial Division, knowingly and fraudulently uttered a false document to wit: a letter reference No. C/0062Nol. 7/ 646 dated 11th October, 1973 for the transfer of N268, 534.19 purporting same to be signed by one I. E. JOHNSON (m) the Accountant-General of Lagos State and one B. A. KARIM (m) the Deputy Accountant-General of Lagos State.

7th Count- Forgery contrary to Section 467 (2) (h) of the Criminal Code.

Particulars of Offence
That you:
(The 14 accused persons) on or about the 11th day of October, 1973 at Lagos in the Lagos Judicial Division forged a document, to wit: a letter reference No. C/0062Nol. 7/647 dated 11th October 1973 for the transfer of a sum of N252, 885.90 purporting same to have been signed by one I. E. JOHNSON (m) the Accountant-General of Lagos State and one B. A. KARIM (m) the Deputy Acountant-General of Lagos State.