GBENGA ADEKOYA V. THE STATE

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): The Appellant herein and three other persons were arraigned, tried and convicted by the Ogun State High Court sitting at Abeokuta for having committed sundry offences of conspiracy to commit felony, stealing and uttering false documents, which are offences punishable under Section 516, 390 and 468 respectively of Criminal Code Law, Cap. 29, Laws of Ogun State of Nigeria, 1978.

The prosecution's case against the Appellant and his co-accused persons is that, a routine audit was conducted by the defunct National Electric Power Authority (N.E.P.A), Abeokuta District office on the 20th October, 2003. That during the audit exercise, the Appellant (Gbenga Adekoya) held himself out as Gbenga Afolayan Amos for the purpose of collecting payment as a pensioner for the defunct National Electric Power Authority (NEPA). According to the prosecution, the audit exercise was conducted consequent upon discovery during checks on the paymen…