When shown Exhibit C, she confirmed the Accused person issued it to her after
signing it and she presented it to the Bank twice and it was dishonoured. She
was told on enquiry that there was no money in the Accused’s account. The
dates when she presented it to the bank are on it. She presented it on the date
written on it i.e. 5th July, 2010.
When shown Exhibit D, she said she also presented it to the bank.
The Pw2 (Kumfa Fadip) who was the Investigating Police Officer (IPO) in the
case testified inter alia that on 16th September, 2010, a Petition was written by
one Maimuna Ibrahim against the Accused complaining of cheating and issuance
of dud cheque. The Petition was endorsed to the Office of Commissioner of
Police and assigned to his team for investigation.
On receipt of it, his team arrested the Accused person and recorded his
statement under caution under his supervision. The Accused recorded his
statement in his own handwriting. After this, the Accused was taken before the
Assistant Commissioner of Police. Before this, he did read over the statement to
the Accused before he signed it. The Statement was then tendered and admitted
as Exhibit E.
Testifying further, he stated that the Assistant Commissioner of Police interviewed
both the Accused and the nominal Complainant. In the course of this, the
Accused made undertakings to refund the amount endorsed in the two cheques
issued to the nominal complainant. The undertaking dated 5th October, 2010 was
tendered and admitted as Exhibit G while that dated 13th December, 2010 was
admitted as Exhibit H.
Testifying further, he stated that after the Accused had written the statement and
undertakings, he visited Oceanic Bank to ascertain if the Accused actually had
money in his Account with it when he issued the cheques. He wrote letter in this
regard to the Oceanic Bank. It was however replied by Ecobank Plc having been
merged with Oceanic Bank. In the reply, the bank attached the detailed
Statement of Account of the Accused. A copy of the Reply with the attached
Statement of Account was admitted as Exhibit I.
He testified further that the attached Statement of Account is in respect of a
Company Account in which the Accused person is the sole signatory. The name
is IB- Klenz Nigeria Limited. He went through the Statement of Account and
discovered that the two cheques were issued by the Accused person in the
months of June and July, 2010. However as at that time there was not enough
money in his said account to cover the amounts on the cheques. The cheques
were then returned as dud having gone through clearing.
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