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JIMOH
V.
STATE

(2019) JELR 110755 (CA)

Court of Appeal 5 Jul 2019 Nigeria
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- This is an appeal against a judgment of the Ogun State High Court, Abeokuta judicial Division, delivered on December 12, 2014. - The appellant was convicted on two counts of conspiracy to steal and stealing. - The prosecution called two w

Case Details

Suit Number:CA/IB/121C/2017
Judges:Nonyerem Okoronkwo Abubakar Mahmud Talba Folasade Ayodeji Ojo

ABUBAKAR MAHMUD TALBA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of Ogun State High Court, Abeokuta judicial Division, delivered on 12th day of December, 2014.

The Appellant was arraigned before the trial Court on a two count information for conspiracy to steal contrary to Section 516 of the Criminal Code Law, Laws of Ogun State of Nigeria 2006 and stealing contrary to Section 390 (6) of same law.

During trial the prosecution called two (2) witnesses and tendered two (2) exhibits marked Exhibit PW1 and D1. The defence counsel raised objection to the admissibility of Exhibit P1 on the grounds of involuntariness the Court conducted a trial within trial after which the objection was overruled and Exhibit P1 the statement of the Appellant was admitted in evidence. At the close of the prosecution case the Appellant gave evidence on his own defence and he did not call any other witness. At the conclusion of evidence both counsel addressed the Court orall…

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