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ADETOKUNBO OGUNLANA & ORS V. THE STATE

(1995) JELR 43435 (SC)

Supreme Court  •  SC.30/1992  •  16 May 1995  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ANTHONY IKECHUKWU IGUH JSC;

Appearances
Kehinde Sofola, SAN (with him, A. Idris, Esq. and H.S. Umar (Miss) -for the 1st and 4th AppellantsChief B.O. Benson, SAN (with him, B. Jagun, Esq.) - for the 2nd and 3rd appellants For Appellant B.B. Ayodele (Mrs.) Chief Legal Officer, Ministry of Justice, Lagos State For Respondent

Judgement

IGUH, JSC (Delivering the Leading Judgment): The appellants, Adetokunbo Ogunlana, Segun Adebayo Onile, Kayode Bakare and Caroline M. Ogunlana along with four others were arraigned on the 12th day of January, 1987 before the High Court of Lagos State, holden at Ikeja on a two count information. They were charged in count one with conspiracy to commit felony, to wit, stealing contrary to section 516 of the Criminal Code, Cap. 31, Laws of Lagos State of Nigeria, 1973 and in count two with stealing 649,000 Champion Sparkling Plugs Model N.97, valued at N1,998,920.00 property of Alhaji Yinusa Saliu Layeni contrary to section 390(9) of the Criminal Code. Each of them pleaded not guilty to both counts and was released on bail.

The prosecution called twelve witnesses at the trial. In the course of the trial, the 5th accused person, Samuel Olaiya Awolaja jumped bail. The case against him was consequently withdrawn and he was discharged but not on the merits.

The remaining seven accused person…

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