NGWUTA JSC (Delivering the Lead Judgment): Appellant, then a Military Police Officer attached to the Special Investigation Unit of the Nigerian Army, Ibadan, and two others were tried on an information with A three counts of demanding money with menace, with intention to steal, contrary to and punishable under section 346 of the Criminal Code, Cap. 28, Vol. 1, Laws of Western Nigeria, 1959 and one count of stealing contrary to and punishable under section 331(8) of the same Criminal Code by the High Court, Ibadan. At the close of the prosecution’s case, the trial court, based on a no- case submission, discharged and acquitted the 3rd accused person on all the four counts of the charge. The appellant and the 2nd accused person were also discharged and acquitted on each of the 2nd and 4th counts. The court in its ruling on the no-case submission held that the appellant and the 2nd accused had a case to answer in respect of counts 1 and 3 of the information. Appellant testified in his …
AKINDIPE
V.
STATE
(2012) JELR 53761 (SC)
Supreme Court 15 Jun 2012 Nigeria
BriefBot Summary
- The appellant, a military police officer, was tried on charges of demanding money with menace and stealing. - The trial court acquitted the 3rd accused person on all counts and acquitted the appellant and 2nd accused person on some counts
Case Details
Suit Number:SC. 113/2008
Judges:WALTER SAMUEL NKANU ONNOGHEN JSC (Presided) IBRAHIM TANKO MUHAMMAD JSC OLUFUNLOLA OYELOLA ADEKEYE JSC NWALI SYLVESTER NGWUTA JSC (Read the Lead Judgment) MARY UKAEGO PETER-ODILI JSC
Counsel:B. Dambo, Esq. (with him, Yakunat Baba, Esq) - for the Appellant.
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Mutalubi Ojo Adebayo, Attorney-General, Oyo State (with him, S.
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O. Adeoye, DCC, Oyo State Ministry of Justice) - for the Respondent.
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