CORAM

BODE RHODES -VIVOUR     JUSTICE, SUPREME COURT

OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT

A.I. IGUH

ABUBAKAR BASHIR WALL JUSTICE, SUPREME COURT

MICHAEL EKUNDAYO OGUNDARE JUSTICE, SUPREME COURT(Read the Leading Judgment)

PARTIES

NIYI AKINMOJU APPELLANTS

THE STATE RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The appellant and another were arraigned on a two-count charge of conspiracy and stealing before the High Court, Ijebu-Ode of Ogun State. The goods alleged stolen were some air-conditioner, property of a body known as Omo Wood Complex

HELD

The court held that the appellant has been rightly convicted as the evidence though circumstantial, was cogent and convincing enough to convict the appellant.

ISSUES

Was the court below correct when it held that the circumstantial evidence against the appellant was strong and irresistible Did the court below fully consider the complaints of the appellant as formulated in the grounds of appeal and canvassed in the appellant’s brief of argument, and if not, has a miscarriage of justice not been occasioned in the circumstances. Is the conclusion of the court below on the alleged confession by the appellant sustainable.” The State did not respond to the appeal which had to be decided only on the brief of argument of the appellant.

RATIONES DECIDENDI

CASES CITED

1. Abieke v. The State (1975) 9-11 SC 97 at 104.|2. Teper v. R. (1952) A.C. 480 at 489;|3. Udedibia v. The State (1976) 11 S.C. 133 at 138-139,|4. R.v. Exall (1866) 4 F. & F. 922 at 929; (1866) 176 E.R. 850 at 853

STATUTES REFERRED TO

NONE|

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