Theft/Stealing

…………………….A…………………….

AMIRU SANUSI, J.S.C.(Delivering the Leading Judgment): This is an appeal against the judgment of Court of Appeal, Ilorin division (Coram- Chidi Nwaoma Uwa, Uchechukwu Onyemenam and Musa Hassan Alkali, [of blessed memory) JCA hereinafter referred to as the lower Court or below) delivered on 18th December, 2014, wherein the learned justices of the lower Court which affirmed the decision of the Kwara State High Court (the trial Court) delivered by Abdul Gafar J. on 11th February, 2014.
The appellant herein, was arraigned before the trial Court on four count charge as set out below:
COUNT 1
That you Adeyinka Ajiboye, between September 2008 and July 2009 at llorin within the jurisdiction of this Honourable Court, being an Automated Teller Machine Custodian of Guaranty Trust Bank committed theft in the sum of N46,201,100 (Forty six million, two hundred and one thousand, one hundred Naira) in the possession of the Guaranty Trust Bank and thereby committed an offence punishable under Section 289 of the Penal Code.
COUNT 2
That you ADEYINKA AJIBOYE between September 2008 and July 2009, at llorin, within the jurisdiction of this Honourable Court being an Automated Teller Machine custodian in the employment of Guaranty Trust Bank, committed theft by stealing property to wit the sum of N25,000,000.00 (Twenty five million Naira) in the possession of the Guaranty Trust Bank and thereby committed an offence punishable under Section 289 of the Penal Code.
COUNT 3
That you ADEYINKA AJIBOYE, between September, 2008 and July 2009 at Ilorin within the jurisdiction of this Honourable Court, being a servant in the employment of Guaranty Trust Bank and in such capacity entrusted with the sum of N46,201,100.00 [Forty Six million, two hundred and one thousand, one hundred Naira) being part of the sum to be loaded in the Automated Teller Machine (ATM) committed criminal breach of trust in respect of the said sum and thereby committed an offence punishable under Section 314 of the Penal Code.
COUNT NO.4
That you ADEYINKA AJIBOYE between September 2008 and July 2009 at Ilorin within the jurisdiction of the Honourable Court being a servant in the employment of Guaranty Trust Bank and in such capacity entrusted with the sum of N25,000,000.00(Twenty five million Naira only) being part of the sum to be loaded in the Automated Teller Machine (ATM), committed criminal breach of trust in respect of the said sum and thereby committed an offence punishable under Section 314 of the Penal Code”.
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 in the following term and also made forfeiture order as follows:
“Consequently, I order that the accused pay compensation to GTbank Plc on the sum of N21 million which he admitted to have filched from the bank, less than amount of N15 million that PW7 said was recovered. The accused shall pay the sum of N10,000,000 to GTbank Plc.
I also exercise the power under Sections 19 & 20 of EFCC Act to order the forfeiture to GTbank Plc property admittedly built by the accused from the proceeds (sic) of the fraud.
I hereby sentence the accused to a term of 3years without option of fine in respect of count 2 while I sentence him to a term of 3years in respect of Count 4 both terms to run concurrently.”
The appellant herein, became miffed by the judgment of the trial Court and he thereupon appealed to the Court below vide a notice of appeal dated and filed on 5th March, 2014 which contains seven grounds of appeal. Out of the seven grounds of appeal, the appellant decoded four issues of determination which read as below:
(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