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EMMANUEL ABARSHI v. COMMISSIONER OF POLICE

(2004) JELR 45056 (CA)

Court of Appeal  •  CA/A/57C/2000  •  9 Dec 2004  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; ZAINAB ADAMU BULKACHUWA JCA; ALBERT GBADEBO ODUYEMI JCA;

Judgement

BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The appellant, as accused was first arraigned before the Chief Magistrate Court, Wuse on 15th February, 1996 on a First Information Report (FIR) of an alleged theft, contrary to section 289 of the Penal Code.

The appellant, an assistant inspector of prisons, being entrusted with the house of one Emmanuel Mato, an Assistant Controller General of Prisons who traveled to Lagos on an official assignment, was said to have stolen a video, a television with their remote controls, a food blender and a flask from the house. The appellant as accused, before the Chief Magistrate Court, denied the information in the F.I.R. The prosecution thereafter called 5 witnesses and tendered exhibits, in a ruling delivered on the 28/8/96 the trial chief magistrate found that a prima facie case has been made out against the appellant and framed a charge, against him, of criminal breach of trust contrary to section 312 of the Penal Code of the items listed…

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