Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi


(2000) JELR 43973 (SC)    

Supreme Court  ·  SC.1/1999 ·  7 Apr 2000 ·  Nigeria
Other Citations
Akinmoju v. State (2000) 6 NWLR (Pt.662)608 (2000) 4 S.C (Pt I) 64
ADOLPHUS GODWIN KARIBI-WHYTE Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Supreme Court of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
high court
circumstantial evidence
learned trial judge
appeal of the appellant
court of appeal
facts of the case
serious issue of law
trial judge
ijebu-ode of ogun state
complaints of the appellant
air conditioners
alleged confession
considered judgment
accused persons
conclusion of the court
living room
director of public prosecutions of ogun state
respect of the 1st appellant
lower court
addresses of counsel
brief of argument of the appellant
strong conclusion of his guilt
grounds of appeal
see ukorah v
relevant piece of evidence
acceptable evidence
determination of the appeal
said 2nd
present case
respect of issue
two-count charge of conspiracy
reasonable doubt
air conditioner
absence of direct evidence
lower courts
property of a body
evidence of p.w.1
following facts
relevant fact

UWAIFO, JSC: (Delivering the Leading Judgment): On 13 January, 2000, I dismissed this appeal as being without merit and said I would give my reasons for doing so on 7 April, 2000. The facts of the case were considered by me really straightforward and there was no serious issue of law involved. I now give my reasons.

The appellant and another were arraigned on a two-count charge of conspiracy and stealing before the High Court. Ijebu-Ode of Ogun State. The goods alleged stolen were some air-conditioners, property of a body known as Omo Wood Complex. On 21 August, 1990 the learned trial judge (Titi Mabogunje, J.) in a considered judgment found them not guilty of conspiracy. She however found 1st appellant guilty of stealing and the 2nd accused guilty of receiving, and accordingly convicted them. Each of them was sentenced to 12 months' imprisonment with hard labour. The appellant and the said 2nd accused appealed to the Court of Appeal. On 31 March, 1993 the 2nd accused's appeal was all…

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