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GABRIEL ERIM V. THE STATE

(1994) JELR 43391 (SC)

Supreme Court  •  SC.160/1993  •  10 Jun 1994  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; OLAJIDE OLATAWURA JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; YEKINI OLAYIWOLA ADIO JSC;

Appearances
K.G. Agabi, Esq. (with him, T. Ashang) For Appellant E. Jacob-Duke, Esq., Assistant Director of Public Prosecutions, Ministry of Justice, Cross River State For Respondent

Judgement

OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The appellant and four others were tried and convicted by Effanga, J. sitting in the Calabar Judicial Division of the High Court of Cross River State with the following offences:-

"Statement of Offence Count 1

Conspiracy to effect unlawful purpose, contrary to section 518(f) of the Criminal Code.

Particulars of Offence

Paulinus Orok Bassey, George Okon, Justine Geku Orufa, Gabriel Erim and Mfon Akpan lniunam between the months of June and September, 1979 at Calabar in the Calabar Judicial Division conspired among yourselves and with other persons unknown to effect an unlawful purpose to wit: stealing.

Statement of Offence Count 11

Stealing, contrary to section 390 of the Criminal Code.

Particulars of Offence

Paulinus Orok Bassey, George Okon, Justine Geku Orufa, Gabriel Erim and Mfon Akpan Iniunam in or about the month of September, 1979 at Calabar in the Calabar Judicial Division stole one Mercantile Bank of (Nig.) Ltd. Mail Trans…

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