be overruled. If on the other hand, it failed to establish the essential ingredients of both provisions of section 320, the submission of no case to answer would be sustained. In this light, I have carefully considered the evidence of PW1, PW2 & PW3 as well as the documents tendered by the prosecution particularly exhibit 1, 2, 3, 4, 5, & 6 which include the two cheques issued by the accused person to PW1, the petition of PW1 to EFCC, the bank documents in relation to the account from which the cheques were drawn and indeed the extrajudicial statement of the accused person. The particulars of the charge in this case suggests the offence under section 320(a) of the penal code. Both complaints alleged that the accused dishonestly issued cheques to PW1 and deceived him to believe that they will be honoured upon presentation. To establish the actus reus in this subsection, there must be property delivered or retained in consequence of the deceit. In the instant case, no property was delivered by the nominal complainant to the accused person or was retained by him in consequence of the deceit. The evidence led in this case however seems to allege the offence defined under section 320(b) of the penal code. The actus reus constituting this offence is the action or omission induced by the deceit. The act or omission must also have caused or likely to cause damage or harm in body, mind, reputation, or property. It is therefore not necessary that the damage or harm should have been caused. See Law of crimes in Nigeria revised edition by professor K. S Chukkol @ pg 376. Having said this, the evidence of the PW1 is important to the determination of the nature of the deceit. His testimony shows that he invested about 20,000,000 (twenty million) naira in New Life Multipurpose Society Limited, a business PW3 introduced him to. One day subsequently, the PW3 called him that the president of the New Life Multipurpose Society limited herein after called the Society was arrested at the police headquarters Kaduna. The PW1 proceeded to the police headquarters and it was at the office of the deputy police commissioner of police that he met the accused for the first time. the accused told him that he is the father of the president of the society and he begged him to follow him to see the commissioner of police. When the commissioner of police allowed him to see the president of the society, the witness allowed the accused to escort him, they met the president of the society where he was detained, he pleaded with them to help secure his bail. The accused also pleaded with PW1 to secure the bail of his son, in the words of PW1; “accused said as a father, he has the responsibility and whatever support I can give to secure the bail of his son, he will appreciate it. That for a start, he was prepared to address the mammoth crowd in the police headquarters. He solicited that I should assist him with my presence as a general which will give credibility to whatever he will say. I obliged him, the crowd there were serving and retired soldiers and other people. The accused made a pledge before them having introduced himself as the father of the president of the society that they should calm down. He assured them as the father, he ordered them to disperse and go home. The crowd shouted no! No! some soldiers said they are taking him to the barracks and will release him when their money is paid. The accused asked me to help and I now spoke and told the soldiers to keep calm as I am a retired general and that many know me as NDA commandant. I told them that I will protect their interest and ask them to heed to the advice of the accused and his commitments. After some time, they calmed down and I and the accused went to the commissioner of police and pleaded for bail for the president. The commissioner of police said he cannot release the president to the accused because of the huge sum of money involved. He released the president to me. I asked the accused for guarantee that if the president of the New Life is released, he will not run away, the accused told me that I should trust him that he has sufficient funds to support the requirements for bail. The accused later came back to my house and told me that he has gone back to the commissioner of police and has sorted things for the bail. He told me to be rest assured that he will make some funds available to give to some of the soldiers and other contributors…”