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THE STATE V. CHIEF SEBASTIAN AJULUCHUKWU & ANOR

(2010) JELR 33698 (CA)

Court of Appeal  •  CA/C/46/2009  •  9 Nov 2010  •  Nigeria

Coram
KUMAI BAYANG AKAAHS JCA; MASSOUD A. OREDOLA JCA; ISAIAH OLUFEMI AKEJU JCA;

Judgement

ISAIAH OLUFEMI AKEJU, JCA (Delivering the Leading Judgment): The two respondents in this appeal were the accused persons in charge No.HC/13C/2006 before the High Court of cross River State sitting at Calabar on a three count charge of:

1. Conspiracy contrary to Section 51g (6);

2. Stealing contrary to Section 390 (9);

3. Obtaining money by false pretences contrary to Section 419; all of the Criminal Code Cap.31 Vol. II Laws of Cross River State of Nigeria, 1983.

The particulars of offence are that between July and August 2004, the respondents conspired to steal the sum of N6.2m property of the Motor and Motorcycles Spare Parts Dealers Association of Nigeria, Calabar while the 2nd respondent with the company of the 1st respondent and with intent to defraud, obtained the sum of N6.2m from the Motor and Motorcycles Spare Parts Dealers Association of Nigeria, Calabar by falsely pretending that he (2nd respondent) had two hectares of land at Ikot Eneobong, Calabar Municipality to sell to t…

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