(1981) JELR 44483 (SC)    

Supreme Court  ·  SC.21/1980 ·  5 Jun 1981 ·  Nigeria
Other Citations
AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria AUGUSTINE NNAMANI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Core Terms Beta
1st appellant
2nd appellant
false pretences
trial judge
court of appeal
federal court of appeal
accused person
learned trial judge
corroborative evidence
criminal procedure act
learned judge
payment vouchers
criminal code
fact corroboration
sums of money
supply of food items
afford issues of independent evidence of 3p.w.
arrangement p.w.3
case of the 1st appellant
charge of no.
chief superintendent of police
court calls
court of trial
decision of the court of appeal
false statement
federal court of appeal decree
following grounds
furtherance of the conspiracy stole
high court
instruction of the 2nd appellant
investigation of the case
judgment of the learned justices of the court
laws of western nigeria
leading judgment
office of 1st appellant
office of the 2nd appellant
omission of the learned trial judge
oyo state
payments of the said sums
printed record
respect of their convictions
spite of the overwhelming evidence
such corroboration of the evidence of an accomplice
summary of the evidence
sums of n1,744.50

M. BELLO, J.S.C. (Delivering the Leading Judgment): The 1st appellant was the Chief Superintendent of Police in charge of No. 4 Squadron of the Police Mobile Force, Ibadan and he controlled the rations vote for the Squadron. The 2nd appellant was Assistant Superintendent of Police and was the second in command of the Squadron. He was responsible for ordering rations to be supplied to the squadron and for certifying receipt of rations ordered.

The case for the prosecution in the High Court, Ibadan was that in their exuberance to spend the rations vote before it lapsed at the end of the 1974-1975 financial year, the two appellants conspired together to steal and in furtherance of the conspiracy stole several sums of money amounting to N5096.00 from the vote. The two appellants were charged together on information containing seven counts: Count 1 of conspiracy to steal contrary to Section 443; counts 2,3 and 4 of stealing the sums of N1,744.50, N475 and N2000 respectively contrary to Sec…

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