CASE TITLE: OLALEKAN v. FRN (2025) LPELR-82652(CA)
JUDGMENT DATE: 15TH DECEMBER, 2025
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: UWABUNKEONYE ONWOSI, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
The appeal borders on the offence of possession of a document containing false pretence.
FACTS:
The appeal is against the judgment of the High Court of Lagos State, sitting at Ikeja Judicial Division (trial Court) and delivered by HONOURABLE JUSTICE R. A. OSHODI on the 17th day of April, 2024.
The Appellant was arraigned under a two-count information that charged him with possessing fraudulent documents. In count one, the prosecution accused him of having documents in which he falsely presented himself as Kyle Luckanahimself asvage. Count two accused him of having documents pretending to be Maryland A. Wright.
The Appellant pleaded not guilty to the two counts. During the trial, the Respondent called one witness and tendered some exhibits. The Appellant testified for himself and tendered some exhibits.
Upon consideration, the trial Court in its judgment found the Appellant guilty of all the two (2) counts charged and sentenced the Appellant to eight (8) years imprisonment on each of the two counts, wherein the sentences are to run concurrently.
Dissatisfied with the decision of the trial Court, the Appellant has appealed.
ISSUES FOR DETERMINATION:
The Court adopted the two issues formulated by the Respondent in the determination of the appeal, thus:
1. Whether the lower Court did not have jurisdiction to convict the Appellant of the offences as charged?
2. Whether, considering the relevance of the Advance Fee Fraud and Other Related Offences Act, judicial authorities and the overall circumstances of this case, the lower Court did not rightly find that the Respondent proved the allegations against the Appellant beyond reasonable doubt?
DECISION/HELD:
The appeal lacked merit and was dismissed. The judgment of the trial Court was affirmed.
RATIOS:
- COURT- JURISDICTION: How jurisdiction of Court is determined in criminal cases
- COURT- DUTY OF COURT: Duty of Court to act on credible evidence before it
- CRIMINAL LAW AND PROCEDURE- CHARGE(S): Whether an error/irregularity in a charge which does not result in miscarriage of justice will nullify proceedings
- CRIMINAL LAW AND PROCEDURE- OFFENCE(S): Ingredients of the offence of possession of fraudulent document under the Advance Fee Fraud and Other Fraud-Related Offences Act, 2006; standard of proof thereof
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF OBTAINING BY FALSE PRETENCES: Meaning of false pretence
- EVIDENCE- BURDEN OF PROOF/STANDARD OF PROOF: Burden and standard of proof in criminal cases
To read the full judgment or similar judgments, subscribe to Prime or Primsol
