The Law on the Offence of Issuing a Dishonoured/Dud Cheque(s)

CASE TITLE: ABUBAKAR v. FRN (2022) LPELR-58650(CA)

JUDGMENT DATE: 30TH SEPTEMBER, 2022

PRACTICE AREA: CRIMINAL LAW AND PROCEDURE

LEAD JUDGMENT: ITA GEORGE MBABA, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This appeal borders on the offence of issuance of dud cheque.

FACTS:

This appeal is against the Federal Capital Territory, High Court’s judgment in Charge No. FCT/HC/CR/7/2012, delivered on 2nd October 2020, by Hon. Justice M. E. Anenih, of which the learned trial Judge convicted the Appellant, for the offence of issuing a dud cheque, and sentenced him to imprisonment, for 2 years, without an option of fine.

At the trial court, the Appellant, the owner and Chief Executive Officer of his company, Foot Trip Oil & Gas Ltd, was charged, together with the company (Foot Trip Oil & Gas Ltd) for the issuance of a dud/dishonoured cheque.

The Appellant pleaded not guilty to the charge when arraigned. At the trial, the prosecution called 3 witnesses, and the Appellant testified as DW1. After considering the evidence and addresses of Counsel, the High Court found the Appellant guilty on count one, but discharged and acquitted him on counts 2 and 3.

Dissatisfied with the decision, the appellant appealed to the Court of Appeal.

ISSUES FOR DETERMINATION:

The Court of Appeal determined the appeal on a lone issue which is:

“Whether the trial Court was right to convict the Appellant for the offence of issuing a dud cheque on 2nd August 2011 which on a presentation by the drawee to the Bank, was dishonoured due to lack of funds, contrary to Section 1(1)(b)(i)(ii) of the Dishonoured Cheques (Offences) Act, Cap D II Laws of the Federation of Nigeria, 2007, in the circumstances of this case?”

DECISION/HELD:

In conclusion, the Court of Appeal dismissed the appeal.

RATIOS:

• CRIMINAL LAW AND PROCEDURE – ISSUANCE OF DISHONOURED/DUD CHEQUE(S): Statutory provision as regards the offence of issuance of dishonoured cheque
• CRIMINAL LAW AND PROCEDURE – ISSUANCE OF DISHONOURED/DUD CHEQUE(S): Rationale for the Dishonoured Cheque (Offences) Act
• CRIMINAL LAW AND PROCEDURE – ISSUANCE OF DISHONOURED/DUD CHEQUE(S): Whether settlement of debt will absolve a party of the offence of deliberately issuing a dud cheque
• CRIMINAL LAW AND PROCEDURE – ISSUANCE OF DISHONOURED/DUD CHEQUE(S): Whether issuance of a dud cheque is a criminal offence
• CRIMINAL LAW AND PROCEDURE – ISSUANCE OF DISHONOURED/DUD CHEQUE(S): Whether a Managing Director or Chief Executive Officer who signs and issues a dishonoured cheque on behalf of a company will be held liable for the offence of issuance of a dud cheque
• CRIMINAL LAW AND PROCEDURE – ISSUANCE OF DISHONOURED/DUD CHEQUE(S): Elements of the offence of issuing dishonoured cheque(s)