AMINU MUSA OYEBANJI V. THE STATE

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Ibadan Division, delivered on the 22nd day of June, 2011. The Court affirmed the conviction and sentence of the appellant by the trial High Court Ibadan Judicial Division handed down on the 30th day of October, 1992. The trial Court found him guilty of stealing the sum of ₦1,273,093.75 contrary to and punishable under Section 390(9) of the Criminal Code, Cap 30 VOL. II Laws of Oyo State of Nigeria, 1978. The appellant was sentenced to five years imprisonment with hard labour or to pay a fine of ₦5,000.00 (Five Thousand Naira) in lieu.

Dissatisfied with the decision of the Court of Appeal, Appellant has further appealed to this Court.

The Five grounds of appeal contained in the Appellant's notice of appeal filed on the 5th July, 2011 with particulars read as follows:

"(I) The Court of Appeal erred in law by holding at page 8 of the judgment as follows:

"It is on record…