THE QUEEN V. OSOBA

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THE QUEEN V. OSOBA

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THE QUEEN V. OSOBA

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THE QUEEN

V

10 PATRICK JACOB OSOBA

FEDERAL SUPREME COURT.

ADEMOLA,

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C.J.F.

BRETT,

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F.J.

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TAYLOR,

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F.J.

9th January, 1961.

RESPONDENT

APPELLANT

SUIT NO. FSC 193/1960

Criminal law - Stealing - False pretences - Director of bank converting hank's

money - Payment into account of a company of which accused is director.

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Conflict of laws - Jurisdiction - Conversion abroad set in train by telegram from

Lagos - Trial in Lagos.

Legislation - Criminal Code Section 1, 10A, 12A(2)(a), 383(1), 383(2)(f), 383(4),

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390 with paragraph (7), 435(1)i.

ISSUE:

1. Whether a telegram from Lagos setting in train the course of events constituting

an offence, can constitute the initial element of an offence and thus satisfy

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S.12A(2) Criminal Code.

FACTS:

The appellant was at all material times the managing director of the Merchants

Bank, Lagos. He had authority to approve overdrafts up to £100; but in excess of

the amount the approval of the Board of Directors was required. The appellant

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was also managing director of the Nigerian Shipping Co. Ltd., which he control-

led.

The Merchants Bank had money in London on deposit with the Australia and

New Zealand Bank, Ltd. was invested in Treasury Bills on behalf of the Merchants

Bank.

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On 8th March, 1959, the appellant caused a telegram, signed "Mecant bank"

(which is the telegraphic address of the Merchants Bank), and with the additional

letter '02' which was his own special code to be sent to the Australia and New Zea-

land Bank, Ltd. in London, instructing them to realise £35,000 and pay it to Ham-

bros Bank in London to the account of a Finnish Company. The instructions were

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complied with in London on the 9th, but the credit with Hambros was ulltimately in

the joint names of the Nigerian Shipping Co. Ltd. and the Finnish Company. The

payment was said by the appellant to be by way of a deposit on a ship which the

Nigerian Shipping Co. had agreed to buy from the Finnish Co. It was not pretended

that either the appellant or the Nigerian Shipping Co. had a credit balance of

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£35,000 in the Merchants Bank, or that the Board of Directors of the Bank had auth-

orised the grant of an overdraft to either of them. He acted with secrecy. He did

not make nor cause any entry to be made in the books of the Merchants Bank

debiting any customer's account with the £35,000. The matter came to light. The