JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against a decision handed down on 29th March, 2019 in the High Court of Plateau State sitting in Jos.
In the High Court (the Court below), the Respondents were charged with criminal conspiracy and criminal misappropriation contrary to Sections 96 and 309 of the Penal Code.
The case of the Appellant against the Respondents was briefly as follows: The Respondents were engaged to distribute tricycles for a company called Albaia Trading Company and collect money on weekly basis from the operators of the tricycles here in Jos. The Respondents were collecting the money and remitting it into the company’s account. When PW1 came to reconcile the account, he discovered “a short fall” of six million, three hundred and fifteen thousand, four hundred naira (N6,315,400.00). The Respondents said that the money was with them. They promised to pay the money instalmentally.
In spite of the promise by the Respondents to pay …