Eighty Million Naira (80, 000,000.00) is a Valuable Thing obtained for no
Services Rendered by Alusab International Limited to the Defendant to
warrant such Payment. There was also no Consideration flowing from the
Defendant to Alusab International Limited for this Payment and there is no
Legal Reason justifying the Payment and Receipt of this Sum and therefore
the Court finds that the Prosecution has satisfied the Ingredients of the
Offences in Count 4 for Gratification and Count 5 for obtaining a Valuable
Thing without Consideration.
Now, as seen from the earlier referred to United Kingdom’s Supreme
Court Decision in the case of IVEY VS GENTING CASINOS (UK) LTD
TRADING AS, CROCKFORDS [2017] UKSC 67. DELIVERED 25TH OCTOBER
2017, the Decision of whether a Particular Action or Set of Actions is
Dishonest remains Separate from the Issue of Moral Justification. For
example, when Robin Hood robbed the Sheriff of Nottingham, he knew that
he was, in effect, stealing from the Crown, and knew that he was acting
dishonestly and would have been properly convicted of robbery. His
argument would have been that he was morally justified in acting in this
way, but in Modern Legal Terms this could only have been brought to the
Court by way of Mitigation of Sentencing and would not have affected the
Inference of Dishonesty.
Coming back home, here in Nigeria, the actions of the Notorious Lawrence
Anini can be compared to Robin Hood, when he was brazenly robbing people
in Benin City and was throwing Money around to small children and widows.
When convicted, such benevolent behavior constituted no defence to the
Charges of Robbery and Stealing.
The New Trend in English Law is for only the actions to be tested
OBJECTIVELY and not to apply any Test as to the Subjective State of Mind of
the Defendant.
It is amazing that the Defence in this Case, provided the Entire Arsenal the
Prosecution needed to take home the Charges. With each Statement
tendered by the Defence, it can be liken to pointing a gun at ones foot and
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