SIGNED HON. JUDGE 12/ 2/2015. MRS. NWACHUKWU: The Accused having been convicted on the two Counts of the Charge has so many responsibilities. He has both parents and siblings and children to take care of. It was due to the economic situation in the Country that his business collapsed. He has made frantic efforts to pay the money to no avail. If given the opportunity to offset the debt he will offset it. If the Court can give him an option of fine instead of imprisonment. He is a first time offender and has no criminal record. It was the helpless situation he found himself in that led to this problem. We pray the Court to temper justice with mercy. MR. LOUGH: We thank the Court for the well considered Judgment. The Judgment is consistent with the spirit of the drafters of the Dishonoured Cheques Act. The essence of the Act is to ensure that a cheque is received as legal tender. Secondly, this trial lasted for close to 4 years Judgment was given today. The Accused had ample opportunity within this period to pay up the debt but he remained adamant. The Accused even filed a civil suit against the nominal complainant and the Police before this Court which was dismissed with a N20, 000.00 cost against him. The essence of criminal justice administration is to deter offenders. We therefore urge the Court to pass sentence that will deter other persons from committing similar offences. Lastly, we pray the Court to Order the Accused to pay compensation to the nominal complainant in the total sum of N3, 641, 385 representing the value of the two cheques upon which he was convicted. COURT: I have listened to the submissions of Counsel for the Accused by way of Allocutus and the response of the Prosecuting Counsel. The learned Prosecuting Counsel has not drawn the Court’s attention to any provision of the law or judicial authority on the basis of which the Court can direct the Accused to pay compensation by way of the value of the two dishonoured cheques to the nominal complainant. The Dishonoured Cheques (offences) Act Cap D11 2004 on its part has not made any provision in this regard. In the circumstances, the Court has no basis to honour the invitation extended to it by the Prosecuting Counsel. The application is rejected. The nominal complainant can always exercise her options in civil actions to recover the monies covered by the said cheques. 14