OYEWUSI TEMITOPE V. THE STATE

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading judgment): This is the judgment in respect of the appeal filed by the Defendant/Appellant against the decision of Ekiti High Court of Justice Ado Ekiti decided on 18/12/2020 in respect of Suit No HAD/39C/2018; OYEWUSI TEMITOPE v. THE STATE. 

The Defendant was arraigned on a two count charge of Conspiracy Contrary Section 516 of the Criminal Code Law and stealing of Diesel Oil property of Ekiti State Government contrary to Section 390 of the Criminal Code Law. 

The Defendant/Appellant was the third defendant at the lower Court. The case of the prosecution was that the Defendants on 29/3/2017 at Water Works Area Ajilosun, Ado Ekiti conspired together and stole six kegs of diesel oil belonging to Ekiti State Government. 

The charge was read and explained to the defendants. Each pleaded not guilty to each of the counts of the charge. Hearing later commenced. After hearing the Learned Trial Judge entered judgment convicting the Appellant …