CASE TITLE: BALOGUN v. C.O.P (2025) LPELR-82520(CA)
JUDGMENT DATE: 14TH NOVEMBER, 2025
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: MUHAMMED LAWAL SHUAIBU, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on the offences of fraudulent conversion and obtaining by false pretense.
FACTS:
This is an appeal against the judgment of the High Court of Ondo State, sitting at Akure, delivered on the 5th day of June, 2014, wherein the Court affirmed an earlier decision of the trial Magistrate Court.
The Appellant allegedly presented himself to PW1 as representing the Odopetu family of Igoba in Akure North Local Government, and he fraudulently collected the sum of Six Hundred Thousand Naira (N600,000.00) on the pretext that he was applying the money to construct a palace, which he never did.
He was therefore arraigned, tried and convicted by the trial Magistrate Court for offences of fraudulently obtaining and converting the sum of Six Hundred Thousand Naira (N600,000.00) contrary to and punishable under Sections 419, 383 and 421 of the Criminal Code Cap 30, Vol. II Laws of Ondo State of Nigeria 1978.
The trial Court found the Appellant guilty and sentenced him accordingly. Dissatisfied with the decision of the trial Magistrate Court, the Appellant appealed to the High Court. The appeal was unsuccessful and the same was dismissed. He therefore filed this appeal.
ISSUES FOR DETERMINATION:
The Court determined this appeal on the issue of:
Whether the lower Court rightly affirmed the decision of the trial magistrate in convicting the Appellant for the offences charged?
DECISION/HELD:
On the whole, the appeal was dismissed.
RATIOS:
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF STEALING/THEFT: Position of the law on fraudulent conversion in the offence of stealing
- CRIMINAL LAW AND PROCEDURE- INTENT TO DEFRAUD: Meaning and nature of intent to defraud
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF OBTAINING BY FALSE PRETENCES: Meaning of false pretence
- CRIMINAL LAW AND PROCEDURE- OFFENCE OF OBTAINING BY FALSE PRETENCES: What the prosecution must prove to succeed in a case of obtaining by false pretence
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