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DAVID USO v. COMMISSIONER OF POLICE

(1972) JELR 33877 (SC)

Supreme Court  •  SC.175/1972  •  24 Nov 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; UDO UDOMA JSC; DAN IBEKWE JSC;

Judgement

T.O. ELIAS C.J.N (Delivering the Leading Judgment): Charge No. MB/22C/1969, the accused was charged with stealing one sokoto and agbada 8 pounds: 10/, one gold ring valued 2 pounds and the sum of 27 pounds: 10/ in Central Bank of Nigeria Currency notes, the property of one Anthony Obanor, contrary to Section 331 of the Criminal Code Law, Cap. 28, Vol. 1 of the Western Nigeria, 1959, as applicable in the Mid-Western State of Nigeria. On July 27, 1970, the accused was convicted of stealing only one sokoto and agbada by A.A. Giwa-Amu, Senior Magistrate, in the Benin Magisterial District.

The facts are briefly as follows. The wife of the accused sold a piece of land to Anthony Obanor (P.W.1) for 120 pounds in 1966. Later, an army officer was seen clearing the land with a view to building thereon. The wife of the accused later agreed to refund the purchase price to the complainant (P.W.1), plus an additional sum of 20 pounds out of the 30 pounds he had already expended on trimming the land…

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