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SYLVESTER UTTEH V. THE STATE

(1992) JELR 42043 (SC)

Supreme Court  •  SC.189/1990  •  14 Feb 1992  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; PHILLIP NNAEMEKA-AGU JSC; ABUBAKAR BASHIR WALI JSC; UCHE OMO JSC;

Judgement

S. KAWU, JSC (Delivering the Leading Judgment): In the High Court of Lagos State holden at Lagos, the appellant and another person were charged with (a) conspiracy to commit felony, to wit stealing, contrary to S. 516 of the Criminal Code, (b) demanding with menace with intent to steal, contrary to S. 406 of the same Code and (c) stealing, contrary to S. 309(9) of the Criminal Code Law, Cap. 31 of the Laws of Lagos State. They both pleaded not guilty to all the three counts.

It was common ground that at the time of the alleged offence, the appellant was a Police Officer and the other accused person, an Immigration Officer.

At the trial six witnesses gave evidence for the prosecution. The accused persons did not testify, resting their case on that of the prosecution. At the conclusion of the hearing and after counsel's addresses and submissions, the learned trial Judge, Oguntade J (as he then was), gave careful consideration to the totality of the evidence adduced and to all the subm…

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