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ABREFERA
V.
FRN

(2018) JELR 39306 (CA)

Court of Appeal 9 Mar 2018 Nigeria
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Case Details

Suit Number:CA/B/114C/2015
Judges:PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria
Counsel:Ayo Asala Esq. For Appellant U.A.E Akporherhe (Miss) with him, O.O. Orhurhu Esq. For Respondent

PHILOMENA MBUA EKPE, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Delta State, Warri Judicial Division delivered on the 10th day of December, 2014 where the trial Court convicted and sentenced the appellant to 7 years imprisonment with hard labour.

FACTS OF THE CASE:

The Appellant was arraigned before the trial Court along with one Reverend Vincent Okpogo and Mustard Seed Micro Investment Limited on a nine-count charge of conspiracy to steal and stealing. It was alleged that the Appellant conspired to steal and stole the following:

1. Five million Naira from PW1 Johnson Malemi;

2. Fourteen million, five hundred thousand Naira from PW2 Fregene Patrick Bemigho;

3. Twenty-five million from PW3 Chief Eyituoye Awani although ten million Naira was returned.

These monies were deposited into the accounts of the 3rd Accused (Mustard Seed Micro Investment Limited) Company in which the Appellant admitted to be both the Chairman and a Director. P…

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