ADEMOLA, C.J.N. (delivering the judgement of the Court): The appellant, who was charged on five counts of stealing various amounts, was eventually convicted on the 4th count, particulars of which read as follows:-
"Samuel A. Adewusi (M) between the 23rd day of September, 1961 and the 20th day of January, 1962 at Ibadan in the Ibadan Judicial Division, stole the sum of #4,148'18s.8d (four thousand one hundred and forty eight pounds eighteen shillings and eight pence) property of Brandler and Rylke Ltd."
At the hearing an amendment was sought and granted to substitute as owner of the money "Idanre District Council" in place of "Messrs Brandler and Rylke Ltd."
The appellant was chairman of the Idanre District Council. There is a committee of the Council known as the Social Development Committee. This Committee, it would appear, was anxious to develop the Alade market. The Council therefore gave discretionary power to the Committee to sell 2,000 permits to fell timber in the Idanre forest…