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Frank Mukoro-Mowoe v. The State

(1973) JELR 33881 (SC)

Supreme Court  •  SC.206/1972  •  30 Mar 1973  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; ATANDA FATAYI-WILLIAMS JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

A. FATAYI-WILLIAMS, JSC (Delivering the Leading Judgment): On 29th June, 1972, at the Warri High Court, the 1st accused (now appellant), a legal practitioner, was convicted on six counts-one of conspiracy to commit a felony, three of personation, one of forgery and one of stealing. One Robinson Oye who was tried with him as the 2nd accused was also convicted on all the counts except stealing.

The particulars of the first count of conspiracy stated that the accused and one Robinson Oye on or about the 10th day of February, 1967 at Warri, conspired with each other and with other persons unknown to commit the felony of personation. Those of the second, third and fourth counts stated that the accused and Robinson Oye at the same time and place and with intent to defraud counselled and procured Victoria Oye to personate one Okuvberi Bomiaye, David Kome to personate one Michael Okhofasa Bomiaye, and Oshogbo Adehor to personate one Martin Bomiaye. The particulars also stated that the respect…

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