KUMAI BAYANG AKA'AHS JSC (Delivering the Leading Judgment): The Appellant was charged before the Ekiti State High Court, Ikole Ekiti on a two count charge of stealing which was amended. The amended charge read as follows:
COUNT ONE: STATEMENT OF OFFENCE
STEALING, contrary to Section 390(a) of the Criminal Code Law Cap. 30 Vol. 11 Laws of Ondo State of Nigeria 1978 as applicable in Ekiti State.
PARTICULARS OF OFFENCE
Julius Bayode Ayeni (M) sometime in November, 1997 at Ikole Ekiti in lkole Judicial Division did steal ten (10) metric tonnes of graded cocoa valued at about one million, one hundred and eighty thousand Naira (₦1,180,000.00) property of Cooperative Multipurpose lkole Ekiti.
COUNT TWO: STATEMENT OF OFFENCE
STEALING, contrary to Section 390(a) of the Criminal Code Law Cap.30 Vol. Laws of Ondo State of Nigeria 1978 as applicable an Ekiti State.
PARTICULARS OF OFFENCE
Julius Bayode Ayeni (M) sometimes in 1996 at Ikote Ekiti did steal the sum of One Million, two hundred thousand Nari…