OBANDE FESTUS OGBUINYA, JSC (Delivering The Leading Judgement): This appeal probes into the rightness of the decision of the Court of Appeal, Lagos Division (hereinafter addressed as "the lower court"). coram judice: Sidi Dauda Bage, JCA (later JSC), Abimbola O. Obaseki-Adejumo, JCA, and Jamilu Yammama Tukur, JCA (now JSC), in Appeal No: CA/L/101C/2015, delivered on the 24th June, 2016. The lower court, in its decision, affirmed the judgment of the High Court of Lagos State (the trial court), in Charge No: 10/108C/2011, delivered by L.A. Okunnu, J., on the 4th January, 2013, wherein the appellant was convicted of the lesser offence in the charge.
The material facts of the case, which transformed into the appeal, are amenable to brevity and simplicity. On the 10th October, 2009, one Ndubuisi Nwobodo, the complainant, of No. 22 Muyibi Street, Opposite Ojo Military Cantonment, Onireke Ojo, lkeja, Lagos, returned home with a bag containing N200,000= and a cheque of N150,000=. One Tochukwu …