OBASI IBENYE & ORS VS ABRAM AGWU & ANOR
June 27, 2025BALLA UMARU & ANOR VS ABDUL MUTALLABI & ORS
June 27, 2025Legalpedia Citation: (1998) Legalpedia (SC) 17748
In the Supreme Court of Nigeria
Fri Sep 18, 1998
Suit Number: SC. 175/1997
CORAM
S.M.A. BELGORE – JUSTICE, SUPREME COURT
A.B. WALI – JUSTICE, SUPREME COURT
I.L. KUTIGI – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT
PARTIES
KAYODE IDOWU APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant was employed as an accounts clerk, by the complainant while the other accused was the cashier. Part of the appellant’s duty is to deposit money collected by the cashier in the bank every Monday. The appellant left the services of the company, later some alterations in the cash sheets kept and maintained by the other accused person was observed.
HELD
The appeal succeeded and was allowed. The judgments of the lower courts were set aside. The appellant was discharged and acquitted.
ISSUES
Whether the Justices of the Court of Appeal were right in law when they agreed with the learned trial Judge holding that the prosecution has proved the appellant’s guilt beyond reasonable doubt.
RATIONES DECIDENDI
FINDING OF FACT
“A finding of fact must be based on credible evidence or reasonable trial, it is unsafe to base; a conviction on speculative findings based apt on what the appellant did but on what he ought to have done.” Kutigi, JSC.
EFFECT OF PROOF OF FRAUDULENT FALSE ACCOUNTING
“Proof of fraudulent false accounting does not necessarily mean that the suspect is even the thief.” Kutigi, JSC.
CASES CITED
1. Amadi v. The State (1993) 8 NWLR (pt. 314)6442. Alake v. The State (1992) 9 NWLR (pt. 265) 2603. Re Arton (No. 2) (1986) 1 QB. 509 at 5174. R. v. Quan (1944) 10 WACA
STATUTES REFERRED TO
