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A. NNAMANI, J.S.C. (Delivering the Leading Judgment): The appellant Abdul Majeed Nasiru was on the 18th March, 1974 convicted by the Magistrate First Grade Jos on 2 counts of theft of 3 bags of guinea corn belonging to his employers contrary to Section 289 of the Penal Code. He was sentenced to a fine of N120 or six months imprisonment in default. The fine has since been paid. The appellant appealed to the High Court of the Northern States of Nigeria, Benue/Plateau Judicial Division which on 20th September, 1974 dismissed his appeal. It is from that judgment that appeal is now made to this Court. It is pertinent to add that the appeal to this Court was filed on 1st March, 1976. It was struck out on 1/6/78 as conditions of appeal were not completed but was on the application of the appellant relisted on 6/12/79 for hearing by this Court. Briefly the facts of this case as disclosed by the prosecution and defence were as follows;
On 14th September, 1973 the appellant who works with the Nā¦