OPOLO
V.
THE STATE

(1977) JELR 46332 (SC)    

Supreme Court  ·  SC.355/1976 ·  4 Nov 1977 ·  Nigeria
 · 
Other Citations
OPOLO v. THE STATE (1977) 11-12 S.C. (REPRINT) 1
CORAM
ATANDA FATAYI -WILLIAMS Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria
Core Terms Beta
prosecution
trial
television news editor
learned trial judge
benin city
false pretences
information officer
exhibit a
exhibit l
midwestern state government
ministry of information
news reporter
salary of n1440
trial judge
administrative officer
application form
application forms
assertion of the appellant
bendel state
chief information officer
criminal code
criminal proceedings
deposition of samuel agbugba
depositions of samuel kano agbugba
evidence shows
exhibits b
fine of n400.00
former eastern region broadcasting corporation
high court of the midwestern state
home affairs
information department
laws of the western state of nigeria
learned acting legal adviser
learned counsel
l. exhibit b
m. bello
means of such pretences
midwestern state of nigeria
months imprisonment
only evidence
only ground
ordinary news reporter
permanent secretary
personal file
previous places of work
public service of the midwestern state of nigeria
reliable evidence
sentence of the appellant
television news

M. BELLO, J.S.C. (Delivering the Leading Judgment): We allowed this appeal on 22nd September, 1977, set aside the conviction and sentence of the appellant and ordered that he should be acquitted and discharged. We further ordered that the fine of N400.00, if paid, should be refunded to him. We now state our reasons for allowing the appeal.

The charge upon which the High Court of the Midwestern State, now Bendel State, sitting at Benin City convicted the appellant and sentenced him to 18 months imprisonment or a fine of N400, reads as follows: -

"STATEMENT OF OFFENCE

Obtaining money by false pretences punishable under Section 359 of the Criminal Code, Cap. 28, Volume I, Laws of the Western State of Nigeria, 1959, applicable in the Midwestern State of Nigeria.

PARTICULARS OF OFFENCE

Benjamin Thomas Opolo (m) between the months of February 1967 and October 1970 at Benin City in the Benin Judicial Division, with intent to defraud, obtained the sum of N3,276:49k (pound)1,638:4:11(shillings…

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