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ALBERT OMOWALE DOMINGO V. THE QUEEN

(1963) JELR 40365 (SC)

Supreme Court  •  F.S.C.206/1962  •  15 Feb 1963  •  Nigeria

Coram
LIONEL BRETT JSC; JOHN IDOWU CONRAD TAYLOR JSC; BAIRAMIAN JSC;

Appearances
Chief O. Moore Q.c. ( with him Otuyelu and J.O. Fiberesima) For Appellant Omo Eboh, Assistant Director of Public Prosecutions (West) For Respondent

Judgement

BREIT, EJ. (delivering the judgment of the Court):-The appellant was tried in the High Court of Western Nigeria on an Information containing eighteen counts. The first was for stealing, contrary to s. 331 (5) of the Criminal Code of Western Nigeria. The thirteenth, fourteenth, fifteenth, sixteenth and seventeenth were for stealing contrary to s. 390 of the Criminal Code of Nigeria. The eighth, ninth, tenth and eighteenth were for forgery contrary to s. 467 of the Criminal Code of Nigeria. The eleventh and twelfth were for making a false statement contrary to S. 9 of the Registration of Business Names Act, now repealed. The second to seventh inclusive were for being interested, as a public officer, in a contract or agreement and abuse of office; as the appellant was acquitted on these six counts it is unnecessary to give further particulars of them. The first count reads as follows:-

"STATEMENT OF OFFENCE-1ST COUNT

Stealing contrary to section 331 (5) of the Criminal Code, Cap. 28, Vol…

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