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NIYI AKINMOJU V. THE STATE

(2000) JELR 43973 (SC)

Supreme Court  •  SC.1/1999  •  7 Apr 2000  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ANTHONY IKECHUKWU IGUH JSC; SAMSON ODEMWINGIE UWAIFO JSC; EMMANUEL OLAYINKA AYOOLA JSC;

Judgement

UWAIFO, JSC: (Delivering the Leading Judgment): On 13 January, 2000, I dismissed this appeal as being without merit and said I would give my reasons for doing so on 7 April, 2000. The facts of the case were considered by me really straightforward and there was no serious issue of law involved. I now give my reasons.

The appellant and another were arraigned on a two-count charge of conspiracy and stealing before the High Court. Ijebu-Ode of Ogun State. The goods alleged stolen were some air-conditioners, property of a body known as Omo Wood Complex. On 21 August, 1990 the learned trial judge (Titi Mabogunje, J.) in a considered judgment found them not guilty of conspiracy. She however found 1st appellant guilty of stealing and the 2nd accused guilty of receiving, and accordingly convicted them. Each of them was sentenced to 12 months' imprisonment with hard labour. The appellant and the said 2nd accused appealed to the Court of Appeal. On 31 March, 1993 the 2nd accused's appeal was all…

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