Oladele Ayodele v. The State (2024)

LAWGLOBAL HUB Lead Judgment Report – SUPREME COURT

UWANI MUSA ABBA AJI, JSC (Delivering the leading judgment)

One Arthur Didem, who testified as PW1 was disposed of his car, a black Toyota Avensis along Ugborikoko Road, Delta State, by gunmen who attacked him and snatched the car at gunpoint.

On the 5th day of August, 2007, the appellant, who testified as the 3rd accused at the lower court, received a phone call by a certain Yerindideke Moses and another person by name Osamudiamen Enahoro stating that they had a car to sell.

The appellant then travelled from Lagos to Benin where he met the two men who called him at Iyaro Park in Benin at about 8 p.m. The appellant then fuelled the said car and drove it to Lagos that night.

The said Toyota Avensis was later discovered by the Police, parked along the road at Dolphine Estate in Lagos.

That after he drove the car that night to Lagos in the company of the purported owner of the car, he discovered some discrepancies in the registration number plate and all the other numbers engraved on the windscreen and windows of the car.

The appellant then travelled to Warri to ascertain the genuineness of the particulars of the car and was then arrested en route and subsequently charged to court and convicted for receiving stolen goods. His appeal at the lower court failed, hence this appeal.

Issues for determination:

Appellants issue:

Whether the Court of Appeal was right in affirming the decision of the learned trial Judge and confirming the conviction and sentence of the appellant when all the ingredients for establishing the offence of receiving stolen (robbed) property have not been established by the prosecution as required by law in this case.

Respondents issue:

Whether the Court of Appeal was right when it held that the prosecution has proved its case of receiving stolen property against the appellant beyond reasonable doubt.

The appellants issue shall be utilized.

Arguments