MR. ADEOTI ADEYEMI V. COMMISSIONER OF POLICE

MUSA DATTIJO MUHAMMAD, JCA.(DELIVERING THE LEADING JUDGMENT): This is an appeal against the decision of the Zamfara State High Court sitting in its appellate jurisdiction delivered on the 22nd day of May, 2008 affirming the conviction but reducing the sentence imposed on the appellant by the trial Chief Magistrate Court (III) Gusau, Zamfara State in case No.GS/341/C/2003. The facts of the case that brought about the appeal are summarized below.

The appellant and Alhaji Buzu Mohammed PWIII the complainant, were good friends. It is the prosecution's case that on loosing his job, the appellant had requested PW III to assist him with his certificate of occupancy to enable him, the appellant, obtain goods from a certain company. PWIII obliged the appellant with his certificate of occupancy No.GS/P/0466 for same to be deposited with the company as security for the supply of omo and other related goods to the appellant. Instead of depositing the certificate of occupancy with the particular co…