OLA OLU TITILAYO & ORS V. THE STATE

EDOZIE, J.C.A. (Delivering the Leading Judgment): The 1st, 2nd and 3rd appellants herein were respectively the 3rd, 4th and 7th accused persons before Jos High Court in Suit No. PLD/J54C/87 in which they together with seven other accused persons were jointly charged and tried in seven heads of charges for various offences viz: conspiracy, cheating by personation, forgery and criminal breach of trust under sections 97(1), 315, 324 and 366 respectively of the Penal code Cap 89 Laws of Northern Nigeria 1963. The heads of charges as they pertain to the appellants are 1, 2 and 7 and they read as follows:

"1. That you Edem Edokpolo, John Akudo, Ola Olu Titilayo, Michael Akpata, Gideon Pam Toma Tok and Chiroma Gunda between 14/9/79 and 21/2/85 at Vom, within the Plateau Judicial Division, being public servants in the employment of National Veterinary Research Institute as storemen and in that capacity entrusted with certain property; namely, vaccines valued at N137, 310.95 committed criminal…