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(2019) JELR 87059 (SC)

Supreme Court  •  SC.645/2014  •  25 Jan 2019  •  Nigeria

IBRAHIM TANKO MUHAMMAD..... Justice, Supreme Court MARY UKAEGO PETER-ODILI..... Justice, Supreme Court KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN..... Justice, Supreme Court AMIRU SANUSI..... Justice, Supreme Court EJEMBI EKO..... Justice, Supreme Court


IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Lead Judgment): The respondent, herein, was the accused person (defendant) at the High Court of Justice, Zamfara State, holden at Gusau Judicial Division ("trial Court" herein).

The appellant herein, as complainant at the trial Court, was the Federal Republic of Nigeria which was represented by the prosecution.

The prosecution filed at the trial Court, a charge of criminal misappropriation against the respondent which reads as follows:

"That you Nasiru Yahaya between 27th April, 2011 and 21st May, 2011 at Gusau within jurisdiction of the High Court of Zamfara State, dishonestly converted to your own use the sum of N64,800,000.00 (Sixty-Four Million, Eight Hundred Thousand Naira only) belonging to one Alhaji Musa Baba and that you thereby committed an offence contrary to Section 308 and punishable under Section 309 of the Penal Code."

The respondent was duly arraigned and he pleaded "not guilty" to the charge.

The appellant called four (4) witn…

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