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J.A. ONIBANIYI & ANOR V. THE STATE

(1972) JELR 33319 (SC)

Supreme Court  •  SC.235/1971  •  8 Sep 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; ATANDA FATAYI-WILLIAMS JSC;

Judgement

UDO UDOMA, J.S.C. (Delivering the Leading Judgment): The appellant, a Produce Inspector, was tried together with another accused person - an employee of the Kabba Co-operative Produce Marketing Union Ltd. - and both of them were convicted in the High Court of Kwara State Judicial Division, holden at Ilorin on a charge containing eighteen counts, only eight whereof, namely, the first, second, fourth, sixth, eighth, tenth, seventeenth and eighteenth concerned the appellant and are the subject matter of this appeal. The other convicted person, who was the first accused in the proceedings in the High Court and who will hereafter be referred to as the first accused, has not appealed.

On the first and second counts, the appellant was charged jointly with the first accused with criminal conspiracy to defraud the Kabba Co-operative Produce Marketing Union Ltd. of the sum of 53pounds. 3s. 7d on 14th October, 1966 and also of another sum of 53pounds. 3s. 7d on 26th October, 1966 respectively, …

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