Kayode Idowu Vs The State (1998)

LAWGLOBAL HUB Lead Judgment Report

I.L. KUTIGI, JSC.

In the High Court holden at Ilesa, Oyo State, the appellant along with one other person were charged with the offences of:-

(1) conspiracy to commit a felony, contrary to and punishable under Section 516 of the Criminal Code, Cap. 30, Laws of Oyo State of Nigeria, 1978;

(2) forgery, contrary to Section 465 and punishable under Section 467 of the Criminal Code Cap. 30, Laws of Oyo State of Nigeria, 1978;

(3) stealing, contrary to and punishable under Section 390 (9) of the Criminal Code, Cap. 30, Laws of Oyo State of Nigeria 1978.

The particulars of offence in all the three counts of charge stated that the offences were committed. “at different times between the months of May, 1988 and January, 1990.”

They pleaded not guilty. I will have something to say on these dates later on in the judgment.

At the trial, three witnesses testified for the prosecution.

The two accused persons each testified in his own defence but called no witnesses.

The case for the prosecution was simply that the appellant was employed as an accounts clerk in September, 1987, by the complainant, S.A. Oguntimehin Enterprises Limited, a fish distributor. As an accounts clerk the appellant coordinated all the accounts in the company and checked the cash sheets (Exhibit 2) of the cashier. The cashier happened to be the other accused person. It was also part of the duty of the appellant to deposit money collected by the cashier in the bank every Monday. This he did together with the Managing Director of the company, Mr. Samuel Adegbite Oguntimehin who testified as P.W.1 at the trial. The appellant left the services of the company in August, 1989. Sometime in 1990 the Managing Director of the Company (P W.1) said he observed some alterations in the cash sheets kept and maintained by the other accused person. He raised an alarm. The auditors, a firm of chartered accountants, Z.O. Ososanya & Co., were called in. They submitted a report (Exhibit A). They discovered that N117,870.50, money of the complainant/company was missing. A complaint was lodged with the police and the appellant and his co-accused were arrested. The appellant in the course of police investigation made statements, Exhibits FF4, to the police. Some items were also recovered from the house of the appellant as per Exhibit H in the proceedings.

The appellant in his statements as well as evidence before the court denied that he conspired with the co-accused or anyone at all to commit forgery or to steal the sum of N117, 870.50 as alleged.

The learned trial Judge in a reserved judgment found-the appellant and the co-accused guilty as charged and sentenced them accordingly.

Aggrieved by the decision of the trial High Court, the appellant appealed to the Court of Appeal holden at Ibadan. Only the appellant filed his brief of argument wherein seven issues were formulated for determination by that court. In. a considered judgment the Court of Appeal unanimously dismissed the appeal.

Still aggrieved by the decision of the Court of Appeal, the appellant has further appealed to this court. Parties filed and exchanged briefs of argument as provided by the rules of court. These were adopted and relied upon at the hearing of the appeal. Additional oral submissions were also made by the parties.