THE STATE V. COLLINS OJO AIBANGBEE & ANOR.

K. ESO, J.S.C. (Delivering the Leading Judgment): This is an unusual appeal, in the sense that it is the prosecutor, and not the persons accused of the offence in the trial Court, that has appealed to this Court. In the Court of Appeal, the first Respondent herein was the Appellant as he was convicted by the trial Court. The State appealed against the discharge of the 2nd Respondent herein.

It is better to state the facts. And these facts are as contained in the evidence of the 3rd prosecution witness Moses Isumu, a day-watch in the employment of one S. I. O. Giwa-Amu.

On the fateful day, five people (including the driver) drove a blue car a Peugeot 404 Saloon, into the premises of the said Giwa-Amu. One of the occupants of the car came out, (he was Collins Aibangbee) asked Isumu if Giwa-Amu was in the office. Isumu told Aibangbee that Giwa-Amu had not yet been in the office. That man (Aibangbee) looked at his watch and said that Giwa-Amu ought to have been in the office as the time w…