(2014) JELR 39777 (CA)    

Court of Appeal  ·  CA/I/225/2012 ·  24 Mar 2014 ·  Nigeria
CHIDI NWAOMA UWA Justice of The Court of Appeal of Nigeria HARUNA SIMON TSAMMANI Justice of The Court of Appeal of Nigeria OBIETONBARA DANIEL-KALIO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
gbenga adekoya
accused persons
grounds of appeal
trial judge
criminal code law
mr. abibu
notice of appeal
appellate court
audit exercise
laws of ogun state of nigeria
maximum punishment
paragraphs c
record of appeal
arrest of the appellant
better understanding of the issues
briefs of arguments
case of amadasun v
case of teriba v
committed sundry offences of conspiracy
conduct of mr. abibu
criminal procedure code of the ogun state
decision of the trial court
determination of the competence of such issues
evidence act
false documents
haruna simon tsammani
justice of the case
leading judgment
maximum of the sentence
next duty of the trial court
ogun state high court
paras f-h
record show
see adeniji v
statement of the accused person
sudden change
testimony of the pw1

HARUNA SIMON TSAMMANI, J.C.A. (Delivering the Leading Judgment): The Appellant herein and three other persons were arraigned, tried and convicted by the Ogun State High Court sitting at Abeokuta for having committed sundry offences of conspiracy to commit felony, stealing and uttering false documents, which are offences punishable under Section 516, 390 and 468 respectively of Criminal Code Law, Cap. 29, Laws of Ogun State of Nigeria, 1978.

The prosecution's case against the Appellant and his co-accused persons is that, a routine audit was conducted by the defunct National Electric Power Authority (N.E.P.A), Abeokuta District office on the 20th October, 2003. That during the audit exercise, the Appellant (Gbenga Adekoya) held himself out as Gbenga Afolayan Amos for the purpose of collecting payment as a pensioner for the defunct National Electric Power Authority (NEPA). According to the prosecution, the audit exercise was conducted consequent upon discovery during checks on the paymen…

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