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BASSEY ASUQUO EKPO v. THE STATE

(2002) JELR 33663 (CA)

Court of Appeal  •  CA/C/124/99  •  10 Dec 2002  •  Nigeria

Coram
DENNIS ONYEJIFE EDOZIE JCA; SIMEON OSUJI EKPE JCA; SULE AREMU OLAGUNJU JCA;

Judgement

SULE AREMU OLAGUNJU, J.C.A. (Delivering the Leading Judgment): In a joint trial with three others on a range of charges of conspiracy to commit a felony, theft and receiving stolen property the appellant was convicted of the offence of receiving stolen property from the 1st and 2nd accused who were Fergies International Ltd.'s Site Engineer and Project Manager, respectively, knowing the property to have been stolen punishable under Section 427 of the Criminal Code of Cross River State applicable at Akwa Ibom State.

At the trial, the prosecution's case against the appellant was that between 22nd and 25th March, 1993, at Fergies International Ltd. Work Site, Uyo, he received from the 1st and 2nd accused 3 trips of chippings (15m3) valued at N8,500 knowing the same to have been stolen. He was found guilty of the offence and sentenced to 2 years imprisonment without option of fine by Edemekong, J., of the Uyo Judicial Division of Akwa Ibom State High Court. This appeal is against the conv…

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