JAMES GAMBO ABUNDAGA, JCA(DELIVERING THE LEADING JUDGEMENT): This is an appeal against the judgment of High Court of Delta State sitting at Ibusa, in Suit No. A/270C/2017 which was delivered on 28th March, 2022. The appellant was convicted of the charge of stealing contrary to Section 390(9) of the Criminal Code Law, Cap. (21 Vol. 1 Laws of Delta State). The appeal is the appellant’s expression of dissatisfaction with his conviction. His notice of appeal was subsequently amended, of course with the leave of this court sought and obtained. The amended Notice of appeal which contains five grounds of appeal was filed on 29/5/2024 and deemed properly filed and served on the said 29/5/2024.
The record of appeal duly compiled and transmitted, the appellant filed his brief of argument which was settled by K.N. Omena on 8/5/2022 and deemed properly filed and served on 29/5/2024. On 12/2/2024 the Respondent also filed its brief which was settled by A.O. Orhorhoro, Esq, Director of Public Prosec…