CRIMINAL LAW ā Dishonoured Cheques ā Offence of obtaining credit by means of a dishonoured cheque ā Elements to be proved by prosecution
Ratio Decidendi
Per Onnoghen, JSC, in Abeke v. State (2007) NLC-123-271-2005(SC) at pp. 21ā22; Paras CāA:
"From the above, the duty on the prosecution is to prove; (a) that appellant obtained credit by herself; (b) that the cheque was presented within three months of the date thereon; and (c) that on presentation the cheque was dishonoured on the ground that there was no sufficient funds or insufficient funds standing to the credit of the drawer of the cheque in the bank on which the cheque was drawn."
Explanation / Scope
The offence is statutorily defined and the prosecution’s burden is to establish all the constituent elements beyond reasonable doubt. The “obtaining of credit” is the core actus reus, which is deemed to occur when the cheque is issued. The presentation requirement ensures the cheque was negotiated within the statutory timeframe. The dishonour must be specifically for insufficiency of funds, not for other reasons like a stop-payment order. Each element must be proved by credible evidence. The principle ensures that the offence is not stretched beyond its statutory boundaries and that the accused is adequately protected from wrongful conviction.