ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal sitting in Jos, which on 5th June, 1991, upheld the conviction of the appellant imposed on her by the High Court of Appeal. Makurdi, Benue State, for the offence of criminal breach of trust punishable under Section 314 of the Penal Code.
The appellant, who was a cashier with the Bank of the North Limited, Makurdi, was on 17th December, 1984 arraigned along with one Michael Ogwuche as well as one Davies Shaibu as 1st, 2nd, and 3rd accused persons respectively, before the Chief Magistrate Court presided over by Mr. S.O. Ochimana (as he then was) on a First Information Report alleging criminal Conspiracy, forgery and theft of N50,500.00 offences punishable under Sections 97(2), 364 and 289 of the Penal Code. After taking the oral evidence of all ten prosecution witnesses, the learned Chief Magistrate, upon discharging the 3rd accused for lack of connecting evidence, framed a two-c…