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AJIBOYE & ANOR.
V.
THE STATE

(1995) JELR 43466 (SC)

Supreme Court 26 Sep 1995 Nigeria
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- The appellants were charged before the Lagos High Court with murder (Count 1, against 1st appellant only) and two counts of stealing (Counts 2 and 3, against both appellants) under sections 319(1) and 390(9) of the Criminal Code, Cap. 31,

Case Details

Suit Number:SC.204/1994
Judges:MUHAMMADU LAWAL UWAIS JSC ABUBAKAR BASHIR WALI JSC IDRIS LEGBO KUTIGI JSC UTHMAN MOHAMMED JSC ANTHONY IKECHUKWU IGUH JSC
Counsel:Professor A.B. Kasunmu, SAN (with him, O.K. Kasunmu and Olufemi Blaize) For Appellant C.E. Uweja (Miss), Assistant Director of Public Prosecution, Lagos State For Respondent
Other Citations:Ajiboye v. State (1995) 8 NWLR (Pt. 414) 408

KUTIGI, J.S.C. (Delivering the Leading Judgment): The appellants were in the Lagos High Court charged as follows:-

STATEMENT OF OFFENCE - 1ST COUNT

Murder contrary to section 319(1) of the Criminal Code Cap. 31 Laws of Lagos State 1973.

PARTICULARS OF OFFENCE

Olawale Ajiboye (m) on or about the 7th day of June, 1991 at No.5A Maria Street, Anthony Village in the Ikeja Judicial Division murdered one Ebimikifa Toby.

STATEMENT OF OFFENCE - 2ND COUNT

Stealing contrary to Section 390(9) of the Criminal Code cap. 31 Laws of Lagos State 1973.

PARTICULARS OF OFFENCE

Olawale Ajiboye (m) and Temple City Properties Ltd on the 3rd day of June, 1991 at Ikeja in the Ikeja Judicial Division stole the sum of ₦3.7 million (Three Million, Seven Hundred Thousand Naira) property of McRoyal Holdings Ltd.

STATEMENT OF OFFENCE - 3RD COUNT

Stealing, contrary to section 390(9) of the Criminal Code cap. 31 Laws of Lagos State 1973.

PARTICULARS OF OFFENCE

Olawale Ajiboye (m) and Temple City Properties Ltd. on t…

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