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SAHEED RAJI v. THE STATE

(2012) JELR 35158 (CA)

Court of Appeal  •  CA/IL/C.39/2011  •  17 May 2012  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; ITA GEORGE MBABA JCA; OBANDE OGBUINYA JCA;

Judgement

OBANDE OGBUINYA, J.C.A. (Delivering the Leading Judgment): This appeal is an offshoot of the judgment of the Kwara State High Court, in suit No. KWS/32C/2010, presided over by Hon. Justice S. D. Kawu, Acting Chief Judge of Kwara State (as he then was). The judgment was delivered on 20/04/2011 wherein the appellant was convicted on the second count of a two-count charge preferred against him.

The facts of the case, leading to this appeal, as can be garnered from the processes filed, are straightforward. The respondent alleged that on 29/04/2011, one Isiaka Yusuf, the substantive complainant and a jeweller, was with some of his sales boys in his shop at Emir's market, Ilorin when the appellant came to the shop in company of one lady by name Bola Ojo and demanded to buy gold. Sequel to that demand, Mr. Isiaka Yusuf brought out some gold for the appellant to choose. The appellant selected some gold jewellery worth N1,357,270.00. When the jeweller, Isiaka Yusuf, demanded for payment, the a…

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