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PROOF OF STEALING: Whether necessary for prosecution to prove that all the articles mentioned in the information have been stolen

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PROOF OF STEALING

Whether it is necessary for the prosecution to prove that all the articles mentioned in the information have been stolen for the charge of stealing to be sustained if proved that some of the articles have been stolen

"The Supreme Court however, held as follows in Atano v. A.G. Bendel (1988) 2 NWLR (pt. 75) 210 at 224.

' It is noteworthy that although the Court of Appeal acquitted the Appellants on the account of stealing yet it found that the Appellants stole a large sum of money. I cannot see the true or proper basis for acquittal or discharge of the Appellants by the Court of Appeal on the count of stealing. Even if it is only established that the prosecution proved that the Appellants stole part of the money alleged to have been stolen by them ....

It is trite law that it is unnecessary for the prosecution to prove that all the articles mentioned in the information have been stolen for the charge to be sustained if proved that some of the articles have been stolen."

Per GALADIMA, J.S.C in Adejobi v. The State (2011) 12 NWLR (Pt. 1261) 347 @ 377


   
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