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ADEYINKA AJIBOYE v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-44468(SC)

In The Supreme Court of Nigeria

On Friday, the 18th day of May, 2018

SC.519/2015


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

MARY UKAEGO PETER-ODILI Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

AMIRU SANUSI Justice of The Supreme Court of Nigeria

SIDI DAUDA BAGE Justice of The Supreme Court of Nigeria


Between

ADEYINKA AJIBOYE - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offences of Theft and Criminal Breach of Trust.
FACTS:
This is an appeal against the judgment of Court of Appeal, Ilorin division delivered on 18th December, 2014, wherein the learned justices of the Court of Appeal affirmed the decision of the Kwara State High Court.

The appellant herein, was arraigned before the trial Court on four count charge of theft and Criminal breach of trust. Upon arraignment, each of the four counts was read and explained to the accused/appellant by the trial Court and he denied committing each of them. Trial thereupon proceeded in earnest. In an effort to prove its case against the appellant, the prosecution, now respondent, called seven witnesses and tendered several exhibits which included voluntary confessional statements made by the appellant which were admitted in evidence after a trial within trial. On his part, the appellant testified for his defence without calling any witness. After the close of the defence case, learned counsel for the parties addressed the trial Court which later adjourned the case for judgment. In the end, the trial Court in its judgment found that the prosecution/respondent had proved its case beyond reasonable doubt and convicted the appellant while ordering him to pay compensation to GTbank Plc in the sum of N21 million which he admitted to have filched from the bank, less than amount of N15 million and forfeiture to GTbank Plc, the property admittedly built by the accused from the proceeds of the fraud.

The appellant being dissatisfied with the judgment of the trial Court, thereupon appealed to the Court of Appeal. The Court of Appeal after due consideration, affirmed the decision of the trial Court.

Being dissatisfied with the decision of the Court of Appeal, the appellant further appealed to the Supreme Court.

ISSUES:
The Court determined the appeal based on the following issues for determination:
(1) Whether the learned justices of the Court of Appeal were right in their failure to express the reasoning for affirming the judgment of the learned trial judge (Ground 3).
(2) Whether the Appellant's property is liable to be forfeited despite the term of sentences and payment of compensation orders made against him (Ground 4).
(3) Whether the Court of Appeal was right in affirming the decision of the trial Court admitting the statement credited to the Appellant as his confessional statement worthy of being relied upon in convicting the appellant. (Ground 2)
(4) Whether in view of the circumstances of this case, the appellant's conviction was rightly affirmed by the Court of Appeal (Grounds one & five).


DECISION/HELD:
In the final analysis, the Supreme Court adjudged the appeal as meritless. It failed and was accordingly dismissed. The judgment of the Court of Appeal, Ilorin division which had earlier affirmed the judgment of the trial Court was affirmed.


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