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ALIYU ADAMU v. THE STATE

(2018) LPELR-44172(CA)

In The Court of Appeal of Nigeria

On Friday, the 20th day of April, 2018

CA/B/482C/2016


Before Their Lordships

JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria

PHILOMENA MBUA EKPE Justice of The Court of Appeal of Nigeria

SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria


Between

ALIYU ADAMU - Appellant(s)

AND

THE STATE - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offence of Receiving Stolen Goods. 
FACTS:
This is an appeal against the Judgment of High Court of Justice, Benin City. 

The Appellant was charged on a one count charge of receiving a mobile phone obtained by Armed Robbery. He was charged along with three other accused persons at the trial Court. The three other accused persons were tried for Conspiracy and Armed Robbery.

At the conclusion of the trial, the learned trial Judge found the Appellant guilty as charged, convicted him on the count for receiving and sentenced him to 10 years imprisonment with hard labour.

The Appellant who is dissatisfied with the Judgment of the trial Court appealed to the Court of Appeal.



ISSUES:
The appeal was determined on a lone issue viz:

"Whether in the circumstance of this case, the Respondent proved the guilt of the Appellant beyond reasonable doubt to warrant his conviction and sentence."


DECISION/HELD:
The appeal was allowed. The judgment of the trial Court which convicted the Appellant and sentenced him to ten years imprisonment was set aside and in its place, the accused person who is the Appellant in this appeal was discharged and acquitted.


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