OMAGE, JCA (Delivering the Lead Judgment): The 2nd and 3rd accused persons were tried and convicted by the High Court, Kano, on a charge of theft contrary to section 287 of the Penal Code. Contained in the appellants’brief is an expression of uncertainty that the charge of theft was among the charges preferred against the two accused persons who were first charged with the offences of conspiracy and cheating under sections 97 and 232 of the Penal Code. The 2nd and 3rd accused persons were charged eventually with the said offences. At a stage a motion was filed to amend the charges to include an alternative charge of theft but the printed record does not show that the application was taken. The 2nd and 3rd accused persons were convicted for the offence of theft, while the lst accused was found guilty of conspiracy. The 2nd and 3rd accused persons were dissatisfied with their convictions, and have appealed to this court. They are hereafter referred to as the 1st and 2nd appellants res…