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SEBASTIAN S. YONGO & ANOR. V. COMMISSIONER OF POLICE

(1992) JELR 41989 (SC)

Supreme Court  •  SC.225/1990  •  25 Sep 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; SAIDU KAWU JSC; ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; SHEHU USMAN MOHAMMED JSC;

Judgement

I. L. KUTIGI, JSC (Delivering the Leading Judgment): The appellants and two others HANGEIOR ALAGH AND SIMON ATULE were at the Senior Magistrate Court, Vandeikya, Benue State, charged as follows:-

"Count I:

That you HANGEIOR ALAGH on or about the 21st day of March, 1988 at Abakaliki, having been entrusted with property to wit: A Peugeot 504 Station Wagon not registered with Chassis No. 4111248 valued at ₦49,000.00 by one ALHAJI VELESHE committed Criminal Breach of Trust in that you either misappropriated, converted it to your use, used it or disposed of it not in accordance with the terms of the trust dishonestly and that you thereby committed an offence punishable under Section 312 of the Penal Code.

Count II

That you, SIMON ATULE, SEBASTIAN YONGO AND ISAAC NOMISHAN on or about the 21st day of March, 1988 at Gboko dishonestly received or retained stolen property to wit: a Peugeot 504 Station Wagon white in colour not registered with Chassis and Engine Nos. 4111248 property of one ALHA…

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