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AJIBOYE
V.
FRN

(2018) JELR 39098 (SC)    

Supreme Court  ·  SC.519/2015 ·  18 May 2018 ·  Nigeria
 · 
Other Citations
Ajiboye v. F.R.N. (2018) 13 NWLR (Pt. 1637) 430
CORAM
OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria JOHN INYANG OKORO Justice of The Supreme Court of Nigeria AMIRU SANUSI Justice of The Supreme Court of Nigeria SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
appellant
trial court
lower court
penal code
counsel
issues
efcc act
appeal
learned trial judge
reasonable doubt
learned counsel
judgment of the trial court
gtbank plc
judgment of the learned trial judge
appellant's property
decision of the trial court
such capacity
appellant's conviction
criminal procedure code
jurisdiction of this honourable court
learned justices of the court of appeal
count no.4
forfeiture order
grounds of appeal
learned trial court
payment of compensation orders
possession of the guaranty trust bank
respect of the said sum
view of the circumstances of this case
accused pay compensation
appellant reply
close of the defence case
confessional statement worthy
count charge
cross examination of pw2
decision of the kwara state high court
extra-judicial statement
issues of determination
judgment of court of appeal
jurisdiction of the honourable court
leading judgment
learned justices of the lower court
notice of appeal
said brief of argument
set of issues
submission of counsel
such findings of the trial court
voluntary confessional statements

AMIRU SANUSI, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of Court of Appeal, Ilorin division (Coram- Chidi Nwaoma Uwa, Uchechukwu Onyemenam and Musa Hassan Alkali, [of blessed memory] JCA hereinafter referred to as the lower Court or below) delivered on 18th December, 2014, wherein the learned justices of the lower Court which affirmed the decision of the Kwara State High Court (the trial Court) delivered by Abdul Gafar J. on 11th February, 2014.

The appellant herein, was arraigned before the trial Court on four count charge as set out below:

"COUNT 1

That you Adeyinka Ajiboye, between September 2008 and July 2009 at llorin within the jurisdiction of this Honourable Court, being an Automated Teller Machine Custodian of Guaranty Trust Bank committed theft in the sum of ₦46,201,100 (Forty six million, two hundred and one thousand, one hundred Naira) in the possession of the Guaranty Trust Bank and thereby committed an offence punishable under Section 28…

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