ENWEZOR V. ONYEJEKWE & ORS

• Pages: 9-13

ENWEZOR V. ONYEJEKWE & ORS

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draw, so he knew his cheques would not be met, but kept on giving one cheque,

and then another and another, to the appellant. According to the clearing clerk

the cheques were sent to the banks on which they were drawn in the ordinary course

of business and came back dishonoured, and were given to the appellant to enter

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up as dishonoured cheques; so the appellant knew, when the first cheque came

back, that the African Continental Bank, from which he had withdrawn the amount

of the cheque before it came back dishonoured, was unable to recover that

amount; but he kept on taking more cheques from his co-defendant and withdraw-

ing the money on them immediately, with the result that the African Continental Bank

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was losing more and more money 10 his knowledge. What the appellant and his

co-defendant did leaves no doubt that they were in league to defraud the Bank

and were guilty of conspiracy to defraud it.

Mr. Cole has argued that the evidence of the co-defendant should be ignored

because the appellant gave no evidence. Without deciding whether that argument

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can be advanced, we have no doubt that, even without the co-defendant's evi-

dence, the evidence for the prosecution supports the finding of conspiracy, which

it is right to infer from the conduct of the co-defendant in giving one cheque after

another which he knew would not be met or was bound to learn were not being

met from the appellant, and of the appellant taking one cheque after another which

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he knew would come back dishonoured: there was no question of any genuine

transaction between them or of any liability being incurred by the appellant towards

him, and the only reasonable inference is that they were participating in a scheme

of fraud.

The grounds of appeal fail and it is ordered that the appeal from the decision

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of the Lagos High Court dated 24th June, 1963 in the Magistrates' Appeal No.

LD/18 CA/63 is dismissed.

Appeal dismissed.

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ENWEZOR V. ONYEJEKWE & ORS

35 JOSEPH JIDEOFOR ENWEZOR

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APPELLANT

V

1.

JOSEPH OKWUDILI ONYEJERWE

2.

MINISTER OF CUSTOMARY COURTS

AND CHIEFTAINCY AFFAIRS, EASTERN RESPONDENTS

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NIGERIA

SUIT NO. FSC 215/1963

FEDERAL SUPREME COURT

ADEMOLA,

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C.J.N.

BRETT,

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J.S.C.

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TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

5th February, 1964

Legislation - Federal Constitution of 1963, S.158(4), S.156(1), S.165 - Interpretation

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Act, cap.89, S.3 - Eastern Region - Constitution of 1963, S.80 - Recognition

of Chiefs Law, No. 9 of 1960 (E.N. Laws, 1963, C/112) S.4(3), S.6, S.7.

Supreme Court - Jurisdiction - Refusal to continue proceedings the right to which

has abated by law - Chieftaincy questions.