MUHAMMED TSOFOLI V. COMMISSIONER OF POLICE

ADEMOLA, C.J.N. (Delivering the leading judgment): The appellant was convicted and sentenced to a fine of 55Pounds or six months imprisonment in default for cheating contra section 332 of the Penal Code at the Magistrate Court at Kaduna on the 17th July, 1969. He was also ordered by the learned magistrate to refund a sum of 160Pounds which he had obtained as a result of the offence he had committed. He appealed to the High Court Kaduna against his conviction and sentence as well as the order made against him to refund the sum of 160Pounds.

On appeal, his conviction and sentence were set aside but the court affirmed the payment of compensation of 160Pounds to the complainant. The appeal before us is mainly about the compensation of 160Pounds. The award of compensation in criminal matters is in the Northern States, governed by section 78 of the Penal Code which enacts as follows:

"Any person who is convicted of an offence under this Penal Code may be adjudged to make compensation to an…