Ratio Decidendi

Per Onnoghen, JSC, in Abeke v. State (2007) NLC-123-271-2005(SC) at p. 22; Paras B–C:

"A person who draws a cheque which is dishonoured on the ground stated in the subsection and which was issued in settlement or purported settlement of any obligation under an enforceable contract entered into between the drawer of the cheque and the person to whom the cheque was issued shall be deemed to have obtained credit for himself by means of the cheque notwithstanding that at the time when the contract was entered into, the manner in which the obligation would be settled was not specified."
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Explanation / Scope

This principle interprets the statutory provisions on dishonoured cheques. The law criminalizes the issuance of cheques that are dishonoured, where the drawer intended to obtain credit. The dishonour of a cheque issued for an existing enforceable contract is deemed to constitute obtaining credit, regardless of whether the parties had specified the method of payment. The deeming provision simplifies proof and closes a potential loophole. The principle applies in criminal prosecutions for offences under the dishonoured cheque provisions, ensuring that commercial transactions are conducted with integrity and accountability.

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Cases Applying This Principle

Bolanle Abeke v. The State