J. A. OBANOR & CO. LTD. VS CO-OPERATIVE BANK LTD.
July 4, 2025ALHAJI A. ALIYU VS DR. JOHN ADEWUNMI SODIPO
July 4, 2025Legalpedia Citation: (1995) Legalpedia (SC) 41141
In the Supreme Court of Nigeria
Tue Jun 6, 1995
Suit Number: 286/1991
CORAM
I.L. KUTIGI – JUSTICE, SUPREME COURT
E.O. OGWUEGBU – JUSTICE, SUPREME COURT
U. MOHAMMED – JUSTICE, SUPREME COURT
OLUKAYODE ARIWOOLA – JUSTICE, SUPREME COURT
A.I. IGUH – JUSTICE, SUPREME COURT
PARTIES
MAGDALENE ONOGWU APPELLANTS
THE STATE RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellant/plaintiff was tried and convicted on theft at the Magistrates’ Court, on appeal to the High Court of Appeal the offence was substituted to criminal breach of trust and the sentence reduced. On appeal to the Court of Appeal, the substitution was upheld but the sentence reduced. Still dissatisfied the appellant had appealed to this Court.
HELD
The result of all I have been saying is that this appeal lacks merit and it is accordingly dismissed. I affirm the decision of the court below. The appellant shall be arrested forthwith to be taken to Prison to serve the remaining portion of the six months imprisonment imposed on her by the Court below.
ISSUES
Whether the appellant’s right to fair hearing was infringed by the Court of Appeal, Jos, when it upheld the substitution of the conviction of the appellant for the offence of theft with that of criminal breach of trust by the Benue State High court sitting on appeal.Whether the Court of Appeal sitting at Jos was right in law in affirming the decision, of the appellate High Court. Makurdi convicting the appellant for the offence of criminal breach of trust contrary to S. 314 of the Penal Code in substitution for a conviction for theft contrary to S. 289 of the Penal Code.Whether upon a careful consideration on the available evidence before the trial Chief Magistrate Court, Makurdi and concurrently relied upon by the appellate High Court and the Court of Appeal, the Court of Appeal, Jos, was right in holding that the case of criminal breach of trust was proved against the appellant.
RATIONES DECIDENDI
WHAT AN APPEAL IS
“An appeal is not the inception of a new case. No, far from that. An appeal is generally regarded as a continuation of the original suit rather than as an inception of a new action. That being so, an appeal should normally and generally be confined to consideration of the record which came from the court below with no new testimony taken or new issues raised in the appellate Court. This is the broad view of an appeal..” Per OPUTA JSC
FACTS ADMITTED NEED NO PROOF
It is trite law that what is admitted or not challenged needs no further proof. Per ONU JSC
CASES CITED
Okparaeke v. Eghuonu (1941) 7 WACA 53Owosho v. Dada (1984) 7 SC 149 at 163-164.Lawrence Adebola Oredoyin & Ors. v. Chief Akala Arowolo & Ors. (1989) 4 NWLR (Pt. 114) 172 at page 211Ogu v. The Queen (1963) NSCC 191 at 192; (1963) 2 SCNLR 74 at 76Garba Zonkwa v. Commissioner of Police (1968) NMLR 11,Nnagbo v. Commissioner of Police (1976) NMLR 150Alhaji Jibrin Okabichi & Ors v. The State (1975) 3 SC 135; (1975) 9 NSCC 124Chief P. U. Ejowhomu v. Edok-Eter Mandilas Limited (1986) 9 SC 41 at page 57; (1986) 5 NWLR (Pt. 39) 1Ojomu v. Ajao (1983) 9 SC 22 at 53Nwagu v. Okonkwo (1987) 3 NWLR (Pt. 60) 314 at 321Lokoyi v. Olaja (1983) 8 SC 61 at 73; (1983) 2 SCNLR 127Nwuzoke v. The State (1988) 2 SCNJ 344 at 346; (1988) 1 NWLR (Pt. 72) 529Adimora v. Ajufo (1988) 3 NWLR (Pt. 80) 1; (1988) 1 NSCC 1005 at 1016.
STATUTES REFERRED TO
The Criminal Procedure CodeThe Penal CodeCourt of Appeal Act, Cap. 75 Laws of the Federation of Nigeria, 1990Supreme Court Act, Cap. 424The High Court Law of Benue State
