(1970) JELR 45909 (SC)    

Supreme Court  ·  SC.78/1969 ·  19 Jun 1970 ·  Nigeria
Other Citations
(1970) All N.L.R 269
ADEMOLA ADETOKUNBO Justice of The Supreme Court of Nigeria IAN LEWIS Justice of The Supreme Court of Nigeria CHARLES OLUSOJI MADARIKAN Justice of The Supreme Court of Nigeria
Core Terms Beta
ogunlana drive
3rd accused
2nd count
learned trial judge
1st accused
criminal code
criminal procedure act
2nd accused
deed of conveyance
judicial division
power of attorney
13th day of april
following day
false pretences
criminal law act
high court of justice
accused person
accused persons
consent of a judge
conviction of the 5th accused
first accused
lagos high court
month of april
mr g.c.m. onyiuke
registered owner of the landed property
1st day of may
1st ground of appeal
6th april
behalf of the 2nd accused
copy of a deed
direct information
estate agent
exhibit a
following form
following manner
instant case
mr. chike
office of the lagos lands registry
per cent of the purchase price
preliminary investigation
proceeds of the sale of the said property
proofs of the evidence of the witnesses
respect of the property
statement of offence-2nd count
written agreement

MADARIKAN, J. S.C. (Delivering the Leading Judgment): - The four appellants in this appeal were the 2nd, 3rd, 5th and 6th accused persons respectively in the Lagos High Court where they were charged along with 3 other persons on an information which was amended at the trial to read as follows:

"Statement of Offence-1st count

Conspiracy to commit felony, contrary to section 516 of the Criminal Code. Particulars of Offence

1.Josiah Orungua alias Gabriel Chike Michael Onyiuke alias Chico,

2. Michael Durojaiye,

3. John Chukwudi Oduah,

4. Mufutau Ajetunmobi,

5. Bolaji Alagba,

6. Thomas Olowa and

7. Bolaji Grillo in or about the month of April 1968, at Lagos in the Lagos Judicial Division, conspired together and with other persons unknown to commit felony to wit; obtaining money by false pretences.

Statement of Offence-2nd count

Stealing contrary to and punishable under section 390(4)(f) of the Criminal Code.

Particulars of Offence

1. Josiah Orungua, alias Gabriel Chike Michael Onyiuke…

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