IDI FAGGE V. THE STATE

M. BELLO, J.S.C. (Delivering the Leading Judgment): We allowed this appeal on 16th March, 1976, set aside the conviction and sentence of the appellant and ordered that he should be acquitted and discharged.

The charge upon which the High Court of Kano State convicted the appellant and sentenced him to 4 years imprisonment and ordered him to pay compensation of 1,400pounds under Section 78 of the Penal Code and in default to serve a further 12 months imprisonment reads as follows:

"That you, Idi Fagge, on or about the 28th day of June, 1972 at Kano ..., being a servant in the employment of Kano State Government and in such capacity entrusted with certain property, to wit: the sum of 2,876pounds, committed criminal breach of trust in respect of the said sum of money, and thereby committed an offence contrary to section 314 of the Penal Code ..."

The evidence adduced by the prosecution at the trial shows that at the material time the appellant was the Accountant for the Area Courts, Kano…