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MICHAEL ADEBAYO V. THE STATE

(2006) JELR 51875 (CA)

Court of Appeal  •  CA/I/198/02  •  20 Nov 2006  •  Nigeria

Coram
JOHN AFOLABI FABIYI JCA (Presided) ALFRED P. EYEWUMI AWALA JCA (Read the Lead Judgment) JOHN INYANG OKORO JCA

Appearances
Chief (Dr.) V. A. Odunaiya [with him, O. Shobawale (Mrs.) and -*- M. Achuba (Mrs.)] - for the Appellant. -*- Respondent not represented by counsel.

Judgement

AWALA JCA (Delivering the Lead Judgment): This is an appeal A against the judgment of T. A. Ademakinwa J. of the High Court of Justice Oyo State sitting at the Ibadan Division on 25th of February, 1986. The appellant was found guilty of three count charge of:-

Forgery, contrary to and punishable under section 467 of Criminal Code, Cap. 30 Vol. 11 Laws of Oyo State of Nigeria, 1978.

Uttering a forged cheque contrary to section 468 of the Criminal Code, (supra)

Stealing, contrary to section 390 (6) of the Criminal Code

(supra) . For an adequate understanding, it is apt for me to recapitulate on the facts of this matter as they are very revealing indeed The appellant was charged on a three count as above stated. The offences were alleged to have been committed at Ibadan in 1983. He was arrested, cautioned and charged to court on 1st August, 1983. The learned trial Judge gave his consent for the preferment of a criminal information against him on 11/6/85 pursuant to the provisions of se…

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