Adeyinka Ajiboye V. Federal Republic Of Nigeria (2018)

LAWGLOBAL HUB Lead Judgment Report

AMIRU SANUSI, J.S.C.

This is an appeal against the judgment of Court of Appeal, Ilorin division (Coram- Chidi Nwaoma Uwa, Uchechukwu Onyemenam and Musa Hassan Alkali, [of blessed memory) JCA hereinafter referred to as the lower Court or below) delivered on 18th December, 2014, wherein the learned justices of the lower Court which affirmed the decision of the Kwara State High Court (the trial Court) delivered by Abdul Gafar J. on 11th February, 2014.

The appellant herein, was arraigned before the trial Court on four count charge as set out below:

COUNT 1

That you Adeyinka Ajiboye, between September 2008 and July 2009 at llorin within the jurisdiction of this Honourable Court, being an Automated Teller Machine Custodian of Guaranty Trust Bank committed theft in the sum of N46,201,100 (Forty six million, two hundred and one thousand, one hundred Naira) in the possession of the Guaranty Trust Bank and thereby committed an offence punishable under Section 289 of the Penal Code.

COUNT 2

That you ADEYINKA AJIBOYE between September 2008 and July 2009, at llorin, within the jurisdiction of

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this Honourable Court being an Automated Teller Machine custodian in the employment of Guaranty Trust Bank, committed theft by stealing property to wit the sum of N25,000,000.00 (Twenty five million Naira) in the possession of the Guaranty Trust Bank and thereby committed an offence punishable under Section 289 of the Penal Code.

COUNT 3

That you ADEYINKA AJIBOYE, between September, 2008 and July 2009 at Ilorin within the jurisdiction of this Honourable Court, being a servant in the employment of Guaranty Trust Bank and in such capacity entrusted with the sum of N46,201,100.00 [Forty Six million, two hundred and one thousand, one hundred Naira) being part of the sum to be loaded in the Automated Teller Machine (ATM) committed criminal breach of trust in respect of the said sum and thereby committed an offence punishable under Section 314 of the Penal Code.

COUNT NO.4

That you ADEYINKA AJIBOYE between September 2008 and July 2009 at Ilorin within the jurisdiction of the Honourable Court being a servant in the employment of Guaranty Trust Bank and in such capacity entrusted with the sum of N25,000,000.00(Twenty five million

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