CaseLaw
Martins V. Commissioner of Police (2012) CLR 12(f) (SC)
Judgement delivered on December 7th 2012
Brief
Facts
The Appellant, Alhaji Ganiyu Martins, was arraigned before the Chief Magistrate Court, Grade I, Kano for the offence of criminal breach of trust by servant and cheating contrary to Sections 314 and 322 of the Penal Code. At the conclusion of trial, the Appellant was found guilty of criminal breach of trust by servant. In conclusion the trial chief magistrate ordered as follows:-
The facts of the case are quite clear. The Appellant was an employee of NECCO Sweet Company as its imports manager. In that company, the Appellant was charged with the responsibility of procuring of raw materials for the use in production line of the company. In the course of the discharge of his responsibilities the company allegedly suffered a loss of the sum of N2.5 million.
The matter was reported to the police. It is in the course of investigation that the Appellant owned up the liability to the tune of N753.078.85. Out of the alleged sum missing as the result of the transaction handled by him on behalf of the company. The Appellant then agreed to settle this amount by the payment of N30,000.00. N40,000.00 monthly installments. A written agreement to this effect was signed by the Appellant and the company.
On failing to honour the undertaking in the agreement to refund the amount to the company, the Appellant was then arraigned before the Chief Magistrate Grade I and subsequently charged as follows:-
"I, Mohammed Nasir Abubakar, Chief Magistrate I Gyadi-Gyadi Kano charge you Ganiyu Martins as follows:-
That you, between the year January 1993 and September 1995 being a servant in the employment of NECCO Sweets Nigeria Ltd., and in your capacity as import manager committed criminal breach of trust in respect of the purchase to the tune of N2.5 million Naira over the said properties and that you thereby committed an offence punishable under Section 314 of the Penal Code" see Page 39 of the record.
At the end of the trial, the Appellant was found guilty and convicted as earlier stated above see Page 65 of the record. The Appellant was sentenced to 2 years imprisonment with the option of the fine of five thousand Naira. The Appellant then paid the fine but declined to pay the compensation ordered by the chief magistrate. He then appealed against his conviction and sentence to the State high court of justice in its appellate jurisdiction. The high court after hearing the appeal dismissed it for lack of merit.
The high court in its judgment held as follows Pages 8 -18. See especially Page 18.
The Appellant was dissatisfied with the judgment of the high court of Justice, Kano and unsuccessfully appealed to the Court of Appeal, Kaduna Division hereinafter called the lower court.
After the hearing of the appeal, the lower court in a unanimous decision dismissed the appeal of the Appellant and affirmed the judgment of the High Court of Justice, Kano.