MUKHTAR YUSUF GWADABE V. FEDERAL REPUBLIC OF NIGERIA

OLUDOTUN ADEBOLA ADEFOPE-OKOJIE, J.C.A.(Delivering the Leading Judgment): This is an appeal against the judgment of the Kano State High Court delivered on 9/10/2012 by Hon. Justice Dije Abdu Aboki, in which the Appellant was found guilty on a two count charge of criminal breach of trust punishable under Section 312 of the Penal Code and the issuance of a dishonored cheque, punishable under Section 1(1) (b) (i) of the Dishonoured Cheques (Offences) Act, 2004. He was sentenced to two years imprisonment or the payment of a fine of N200, 000 for the first offence and six months imprisonment or the payment of a fine of N50,000 for the second offence, the sentences to run concurrently.

In addition, the Appellant was to pay compensation to PW2 of the sum of N76million and, in default, to serve five years imprisonment. He paid the fine of N200,000. Dissatisfied, however, with his conviction and sentence, he filed a Notice of Appeal to this Court on 13/1/13, subsequently amended by leave of the…