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(2022) JELR 109342 (CA)

Court of Appeal  •  CA/EK/23C/2021  •  4 Feb 2022  •  Nigeria

Theresa Ngolika Orji-Abadua, JCA Ibrahim Ali Andenyangtso, JCA Balkisu Bello Aliyu, JCA


BALKISU BELLO ALIYU, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Ekiti State High Court sitting at Ado-Ekiti delivered on the 18th December 2020 in respect of charge No: HAD/39C/2018 by which the Appellant and two others were convicted of the offences of conspiracy and stealing contrary to Sections 516 and 390 of the Criminal Code Law, Cap. C16, Laws of Ondo State, 2012. The Appellant and his co-defendants were alleged to, on or about the 29th March 2017 at Ajilosun, Ado-Ekiti, conspired to commit the offence of conspiracy and stealing of kegs of diesel fuel, property of the Ekiti State Water Works Corporation from its premises. The information containing the allegations against the Appellant is located in pages 1-2 of the record of proceedings. Upon arraignment, the Appellant pleaded not guilty to the two counts and the matter proceeded to trial.

The prosecution called two witnesses and tendered the extra-judicial statement of the Appellant and the…

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