ABOKI JCA (Delivering the Lead Judgment): This is an appeal against the decision of Enugu State High Court appellate division sitting at Enugu delivered by B. E. Agbata, J. on 11 December 2003. The brief facts of the case is as follows:
The respondent who was a staff of the University of Nigeria Teaching Hospital (UNTH) Enugu, reported to the Chief Security Officer on the morning of 26 July 1994 that the laboratory store of the hospital has been broken into and 26 microscopes stolen after the security men on duty were held and beaten up. The matter was reported to the police who came later to inspect the premises. After investigation, the respondent who was the 1 accused was arrested along with others. The store is located on a storey building. There were no marks on the wall to indicate that someone climbed through the wall and the door was not tampered with. The burglary proof on the window were neatly removed and packed carefully inside the store , the respondent had the key to th…