CASE TITLE: UNITED SECURITIES LTD v. FRN & ORS (2026) LPELR-83599(CA)
JUDGMENT DATE: 1ST APRIL, 2026
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: OLABODE ABIMBOLA ADEGBEHINGBE, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION:
This appeal borders on Criminal Law and Procedure.
FACTS:
This is an appeal that emanated from the High Court of Lagos State sitting at Ikeja.
The 1st Respondent filed an Information, which was numbered ID/12143C/2020. There were seven (7) Defendants listed therein. The 2nd Respondent herein was the 1st Defendant. The 3rd Respondent herein was the 2nd Defendant. The Appellant herein was the 3rd Defendant. The 4th- 7th Respondents herein were the 4th-7th Defendants, respectively. They were arraigned before the trial Court, based on nine (9) counts of offences. The 1st count was in respect of the offence of conspiracy to commit a felony, revealed as stealing the sum of N206,502,490.02, contrary to Section 411 and punishable under Section 287(5) & (9) of the Criminal Law of Lagos State, 2015. The 2nd – 9th counts concerned stealing of various sums of money named as N5,803,936.56; N8,705,904.84; N6,345,685.83; N17,411,809.68; N64,488,184.00; N5,527,558.63; N98,219,410.70; and, N98,219,410.70, respectively.
The Appellant was specifically mentioned and charged with conspiracy to commit felony, which was, stealing the sum of N206,502,490.02 (Two Hundred and Six Million, Five Hundred and Two Thousand, Four Hundred and Ninety Naira, Two Kobo) property of a certain Chief, in the first count. The Appellant was also mentioned and charged in counts 6, 7, 8, 9 in the Information for stealing the respective sums of N64,488,184 (Sixty Four Million, Four Hundred and Eighty Eight Thousand, One Hundred and Eighty Four Naira); N5,527,558.68 (Five Million, Five Hundred and Twenty Seven Thousand, Five Hundred and Fifty Eight Naira, Sixty Eight Kobo); N98,219,410.70 (Ninety Eight Million, Two Hundred and Nineteen Thousand, Four Hundred and Ten Naira, Seventy Kobo) and N98,219,410.70 (Ninety Eight Million, Two Hundred and Nineteen Thousand, Four Hundred and Ten Naira, Seventy Kobo) all and each properties of a Chief.
Legal counsel representing the parties filed and adopted their respective final written addresses. The trial Court considered the facts and legal submissions and concluded its judgment by convicting and sentencing the Appellant (along with each and all the other Defendants) on all counts with which it was charged. The trial Court struck out count 9 in its judgment because it was a repetition of count 8. The Appellant being dissatisfied with the judgment of the trial Court filed a Notice of Appeal.
ISSUES FOR DETERMINATION:
The appeal was determined on the following issues:
- Whether the requisite ingredients to ground a conviction of the Appellant for conspiracy to steal and that of stealing were established by the prosecution and whether the lower Court was right in law to have convicted the Appellant for the offence of conspiracy to steal and stealing.
- Whether the prosecution established the ingredients of stealing against the Appellant by leading cogent evidence in this regard and whether the lower Court’s verdict convicting the Appellant of Stealing is not against the weight of evidence adduced at trial.
- Whether the decision of the lower Court ordering the Appellant to restitute the sum of N135,235,153.33 as representing the sums stolen by the Appellant from the Complainant despite the weighty evidence contrary to the verdict has not occasioned injustice to the Appellant.
DECISION/HELD:
The appeal was dismissed.
RATIOS:
• COMPANY LAW- CORPORATE PERSONALITY: Position of the law on the concept of corporate personality
• COMPANY LAW- LIABILITY OF A COMPANY: Whether a company can be liable for the criminal acts of its agents
• CRIMINAL LAW AND PROCEDURE- OFFENCE OF CONSPIRACY: Whether conspiracy can exist between persons who have never seen or corresponded with each other
• CRIMINAL LAW AND PROCEDURE- PROBABLE CONSEQUENCE: Whether a person is presumed to intend the natural consequences of his act
• CRIMINAL LAW AND PROCEDURE- CRIMINAL LIABILITY/RESPONSIBILITY: Whether a company can be held criminally liable
• CRIMINAL LAW AND PROCEDURE- MOTIVE: Whether the motive for doing an act necessarily determines the legality of the act
• CRIMINAL LAW AND PROCEDURE- SEIZURE, RESTITUTION, FORFEITURE AND DISPOSITION OF PROPERTY: Whether the Court can order a person convicted of an offence to make restitution
To read the full judgment or similar judgments, subscribe to Prime or Primsol
