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MOHAMMED, J.S.C.: (Delivering the Leading Judgment): On Thursday, the 23rd September, 1993, when this appeal was argued, Mr. Onyeike, Legal Officer, Lagos State who represented the state told this court that he was not supporting conviction and sentence of 1st, 2nd and 3rd appellants. Having gone through the record I agree that learned legal officer is right. Consequently, I allowed the appeal argued by learned counsel for each appellant, discharged and acquitted them. I indicated then that I would give my reasons later. I now give my reasons.
The appellants together with five other accused persons were arraigned before Oladipo Williams, J. of Lagos High Court for offences of conspiracy to steal, conspiracy to commit forgery, stealing, forgery, uttering a false document and inducing delivery of money by false pretences. The facts for the prosecution's case were that six United Bank for Africa (U.B.A.) cheques belonging to NEPA were stolen from that Authority's premises. The stolen che…