OGUNTE EKUMA V. DOMINIC NWOKO

TAYLOR, J.S.C. (delivering the judgement of the Court ): The appellants were charged with conspiracy to commit a felony to wit stealing on Count 1, and on Count 2 with stealing the sum of #100 the property of the Ezzikwo County Council contrary to sections 576 and 390 of the Criminal Code respectively. At the conclusion of the trial in the Court of the Magistrate of the Abakaliki Division, the accused persons were convicted on Count 2 and no finding or conviction was made or entered against them on Count 1. An appeal against their conviction on Count 2 to the High Court of the aforesaid Division failed. They have now appealed to this Court from the decision of the High Court.

The 1st appellant was at the material time a Councillor of the Ezzikwo County Council while the 2nd appellant was the Head master of the Umuaka Ikwo School. In January, 1961 the Ezzikwo County Council approved of a resolution to pay #200 each to some of its schools, one of such schools being the Umuaka Ikwo Schoo…