CaseLaw
Ajuluchukwu V. State (2014) CLR 6(f) SC.
Judgement delivered on June, 6th 2014.
Brief
Facts
The appellant being the chairman of Motor and Motorcycle Spare Parts Dealers Association purchased a piece of land for the association upon an understanding by the members who agreed to levy themselves and raise the money. The money was raised and handed over to the 2nd accused who subsequently handed the money over to the appellant.
The appellant presented documents without discrepancies to the association who noticed it and decided to set up a committee to verify the authenticity of the said documents at the Federal Ministry of Lands and Housing.
The outcome of the committee constituted in which the appellant was a member revealed that there was no land allocated to the association. This led to the creation of a second committee to recover the money paid to the 2nd accused person which had asked for time to pay.
Sequel to this, the appellant was reported to the police for stealing from the Association; which in turn led to the arrest of both the appellant and 2nd accused person. The appellant was said to have no case to answer after investigation by the police.
The State Attorney –General sent the matter back to the police for further investigation based on the petition by the Association who rejected the outcome of the previous investigation by the police.
The appellant and 2nd accused person upon subsequent investigation by the police were charged on a three count charge of conspiracy, stealing and obtaining money by false pretence contrary to Sections 518 (6), 390 (9) and 419 respectively of the Criminal Code, Cap. 31, Vol. 11, Laws of Cross River State of Nigeria, 1983.
A no case submission was made by the appellant; this was upheld by the trial court leading to the discharge and acquittal of the appellant.
The judgment of the trial court was reversed by the Court of Appeal.
Dissatisfied with the judgment of the Court of Appeal, the appellant appealed to the Supreme Court.
Issues
Whether the court below evaluated properly and correctly the evidence in this...