Julius Bayode Ayeni V. The State (2016)

LAWGLOBAL HUB Lead Judgment Report

KUMAI BAYANG AKA’AHS J.S.C.

The Appellant was charged before the Ekiti State High Court, lkole Ekiti on a two count charge of stealing which was amended. The amended charge read as follows:_

COUNT ONE: STATEMENT OF OFFENCE

STEALING, contrary to Section 390(a) of the Criminal Code Law Cap. 30 Vol. 11 Laws of Ondo State of Nigeria 1978 as applicable in Ekiti State.

PARTICULARS OF OFFENCE

Julius Bayode Ayeni (M) sometime in November, 1997 at Ikole Ekiti in lkole judicial Division did steal ten (10) metric tonnes of graded cocoa valued at about one million, one hundred and eighty thousand Naira (N1,180,000.00) property of Cooperative Multipurpose lkole Ekiti.

COUNT TWO: STATEMENT OF OFFENCE

STEALING, contrary to Section 390(a) of the Criminal Code Law Cap.30 Vol. Laws of Ondo State of Nigeria 1978 as applicable an Ekiti State.

PARTICULARS OF OFFENCE

Julius Bayode Ayeni (M) sometimes in 1996 at Ikote Ekiti did steal the sum of One Million, two hundred thousand Naria (N1,200,000.00) property of Co-operative Multipurpose Union lkole Ekiti.

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On 14th February, 2005, the accused/appellant was arraigned before the Ekiti state High Court in Ikole Ekiti and he pleaded not guilty to the amended charge. The prosecution called four witnesses and the accused/appellants statement was admitted as Exhibit ‘A’. The appellant testified in person and tendered some letters which were received in evidence as Exhibits “D” “E” “F” and “G”. He did not call any person to testify on his behalf. At the conclusion of evidence the parties filed written addresses. On 25th September 2007 judgment was delivered by the Ekiti State High Court. The accused was found guilty of stealing on the 1st count and sentenced to three years imprisonment without an option of fine. He was however acquitted and discharged on the 2nd count.

Aggrieved by this decision, the Appellant appealed to Court of Appeal, Ado-Ekiti which dismissed the appeal on the 7th July, 2011 in appeal No. CA/AE/C27/2010.

The Appellant was further dissatisfied with the judgment of the Court of Appeal Ado-Ekiti (hereinafter referred to as the “lower Court” or Court below) and appealed on the omnibus ground the Notice of Appeal dated 22nd July, 2011. An amended Notice of appeal containing