J. A. Akosile V. The State (1972)

LawGlobal-Hub Lead Judgment Report

SOWEMIMO, J.S.C.

After hearing the argument of Mr. A. Ade Adesanya, learned counsel for the appellant, we have come to the conclusion that his appeal should be allowed, and it is hereby allowed and his conviction is accordingly set aside.  

We think Mr.  J. O. A. Shittu, acting Senior State counsel for Kwara State, was right in not seeking to support the conviction of the appellant having regard to the fact that P.W.2 should have challenged the appellant about the 101 yards of cloth allegedly removed by the appellant along with the 108 yards but did not do so. And also having regard to the fact that the learned trial Judge failed to resolve in favour of the appellant, the contradictions in respect of the question as to whether there was one key or whether there were two keys and who had custody of each such key at the material time.

The appellant is hereby acquitted and discharged.

SC.236/1971