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(2021) JELR 106979 (SC)

Supreme Court  •  SC.712/2018  •  15 Jan 2021  •  Nigeria

Olabode Rhodes-Vivour, JSC Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC Chima Centus Nweze, JSC Amina Adamu Augie, JSC Uwani Musa Abba Aji, JSC


UWANI MUSA ABBA AJI, J.S.C. (Delivering the Leading Judgment): By a Charge dated 8/4/2014, the Respondent was charged on 14 count charges bordering on stealing and obtaining by false pretence. See pages 3-7 of the record.

That the Respondent had under false pretence contrary to Section 419 and stealing contrary to Section 390(9) of the Criminal Code Law of Ogun State obtained and stole varying sums of money ranging from ₦6,489,000.00 (Six Million, Four Hundred and Eighty-Nine Thousand Naira) to ₦121,000.00 (One Hundred and Twenty One Thousand Naira) from persons within the jurisdiction of the trial Court.

At the trial, out of the 8 witnesses listed, 5 testified while the Respondent gave his lone evidence. On 20/11/2015, during the trial, slated for final oral address, the Respondent was reported sick by his Counsel to the Court. However, despite the information, the trial Court directed that final oral address be taken in the absence of the Respondent against the provision of Section 21…

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