ENGINEER GABRIEL KWALE V. THE STATE

EDOZIE, JCA (Delivering the Lead Judgment): The appellant who holds a Bachelor of Science Degree in Civil Engineering was the 2nd accused in an information containing four (4) counts preferred against him and 3 others before the Uyo High Court in charge No. HU/25C/94. In counts 1 and 2, he the appellant as 2nd accused and Chukwuma Ezegbogu (1st accused) were charged respectively with the offences of conspiracy to steal and stealing various items of building materials contrary to sections 516 and 390(7) of the Criminal Code, Cap. 31, Vol. 11, Laws of the Cross River State as applicable in Akwa Ibom State. In counts 3 and 4 Bassey Asuquo Ekpo and Augustine Uche, 3rd and 4th accused respectively were charged with receiving stolen property from the 1st and 2nd accused persons knowing the same to have been stolen contrary to section 427 of the said Criminal Code. The counts of the information and the particulars thereof read as follows:

“The State v.

1. Chukwuma Ezegbogu

2. Gabriel Kwale

3…