YAUBA V. C.O.P

JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Adamawa State, sitting on appeal in APPEAL NO. HC/ADSY/2CA/2021, delivered on 22nd June, 2021, in favour of the Respondent. 

The material facts of the case leading to the instant appeal is that the Appellant was convicted by the Upper Area Court 1 Yola Adamawa State in a judgment delivered on 29th December, 2020, for the offences of cheating punishable under Section 322 of the Penal Code and criminal breach of trust punishable under Section 312 of the Penal Code. The facts upon which the case against the Appellant was based are that the Appellant was allegedly given about 60 liters of PMS valued at N8,700,000.00 (Eight Million, Seven Hundred Thousand Naira) in his capacity as Manager of a Petrol Station situate at Mubi South Local Government of Adamawa State. The Appellant sold out the product but failed to remit the full sum to the business account but only paid …