ABIOYE & ORS
V.
STATE

(1986) JELR 39697 (CA)    

Court of Appeal  ·  CA/K/57/85 ·  10 Dec 1986 ·  Nigeria
 · 
Other Citations
Abioye v. The State (1987) 2 NWLR (Pt.58)
Abioye v. State (1987) 2 NWLR (Pt. 58) 645
CORAM
ABUBAKAR BASHIR WALI Justice of The Court of Appeal of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Court of Appeal of Nigeria JOSEPH DIEKOLA OGUNDARE Justice of The Court of Appeal of Nigeria
Core Terms Beta
3rd accused
conspiracy
cheques
2nd accused
local government
learned trial judge
3rd appellant
penal code
trial court
accused persons
substantive offence
1st appellant
accused person
appellant of conspiracy
accounts of kwara state government
cheque leaves
direct evidence
illegal act
cheques exhibits
failure of a bank official
respect of charge
state government
2nd appellant
accounts of the state government
ample evidence
charge of specimen signature cards
chief judge of kwara state
computer room supervisor of the bank
criminal case
custody of the 2nd accused
federal supreme court
forged signatures of pw8
high court of justice ilorin
judgment of the trial court
kwara state government
leading judgment
learned trial judge oyeyipo
legal concepts of the offence of conspiracy
local government authority
performance of such duty
pw3 look
said signature cards
societe general bank
statement of the 1st accused
stealing of total sum of n375,180.30
synopsis of the facts of the case
table of the 3rd accused
trial counsel

EPHRAIM OMOROSE IBUKUN AKPATA, J.C.A. (Delivering the Leading Judgment): What is conspiracy? Does it require direct evidence to establish it? Can an accused person acquitted of committing the substantive offence be convicted of conspiracy? Can it be inferred from the failure of a bank official to detect a number of forged cheques that he conspired with others to commit forgery and theft" These are the questions which have surfaced in this appeal.

Between November 1979 and February 1980 Olusola Adedeji, the 3rd appellant, was the Accountant of the Societe Generale Bank Nigeria Ltd. Ilorin. The 2nd appellant, Lawrence Adeniranye, who did not prosecute his appeal was a clerk in the Bank having custody of the Bank's cheque between November 1979 and May 1980. The 1st appellant, Timothy Abioye, was the Computer Room Supervisor of the Bank and his duty was to verify all signatures on cheques presented by customers he being in charge of specimen signature cards.

Sometime in April or May 1980 …

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