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OYEBANJI
V.
STATE

(2015) JELR 40590 (SC)

Supreme Court 5 Jun 2015 Nigeria
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- The appellant was convicted and sentenced for stealing the sum of ₦1,273,093.75. - The appellant appealed to the Court of Appeal, which affirmed the conviction and sentence. - The appellant further appealed to the Supreme Court. - The gro

Case Details

Suit Number:SC.374/2011
Judges:JOHN AFOLABI FABIYI Justice of The Supreme Court of Nigeria SULEIMAN GALADIMA Justice of The Supreme Court of Nigeria BODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria CLARA BATA OGUNBIYI Justice of The Supreme Court of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria
Counsel:ADEKUNLE OJO Esq. For Appellant MUTALUBI OJO ADEBAYO (Hon. Attorney-General Oyo State) with S. Aborishade (senior Assistant Legal Officer to the Hon. Attorney-General) For Respondent
Other Citations:(2015) 14 NWLR (Pt. 1479) 270, (2015) JELR 72277 (SC)

SULEIMAN GALADIMA, JSC (Delivering the Leading Judgment): This appeal is against the judgment of the Court of Appeal, Ibadan Division, delivered on the 22nd day of June, 2011. The Court affirmed the conviction and sentence of the appellant by the trial High Court Ibadan Judicial Division handed down on the 30th day of October, 1992. The trial Court found him guilty of stealing the sum of ₦1,273,093.75 contrary to and punishable under Section 390(9) of the Criminal Code, Cap 30 VOL. II Laws of Oyo State of Nigeria, 1978. The appellant was sentenced to five years imprisonment with hard labour or to pay a fine of ₦5,000.00 (Five Thousand Naira) in lieu.

Dissatisfied with the decision of the Court of Appeal, Appellant has further appealed to this Court.

The Five grounds of appeal contained in the Appellant's notice of appeal filed on the 5th July, 2011 with particulars read as follows:

"(I) The Court of Appeal erred in law by holding at page 8 of the judgment as follows:

"It is on record…

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