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ALHAJI ISIYAKU MOHAMMED V. KANO NATIVE AUTHORITY

(1968) JELR 87326 (SC)

Supreme Court  •  SC. 417/1967  •  31 Dec 1968  •  Nigeria

Coram
ADEMOLA, JUSTICE, SUPREME COURT (Lead Judgment) COKER, JUSTICE, SUPREME COURT LEWIS, JUSTICE, SUPREME COURT MADARIKAN, JUSTICE, SUPREME COURT

Judgement

ADEMOLA, C.J.N. (Delivering the Judgment of the Court)

The appellant was originally convicted in the Urban Area Court of Kano on a charge of criminal breach of trust and sentenced to a term of 8 years imprisonment with hard labour. He appealed to the High Court of the Kano Judicial Division (as it was then) which dismissed his appeal against conviction but reduced the sentence to 4 years imprisonment with hard labour. This then is a second appeal.

The appellant was employed by Alhaji Dantata and Sons and on 1st February, 1967 he was entrusted with a sum of £5,086:17s:6d in Kano for delivery in the ordinary course of business to one Hamza in Garin Gabas. The car in which he was to travel developed engine trouble and he took the money to his house for delivery next day. From the evidence before the court, it would appear that the appellant had been entrusted in the past with such large sums of money. The amount was kept in a room upstairs which was locked up for the night. Early next morn…

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