SAGOE V. THE QUEEN

• Pages: 233-238

SAGOE V. THE QUEEN

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233

services have been duly performed, and that the rate/price charged is/are ac-

cording to regulation/contract or fair and reasonable, and that the account of

two hundred pounds can be paid under the sub-head quoted."

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The sub-head quoted above is the Building of the U.P .E. Schools. It seems to

us beyond dispute that this sum of £200 was paid to the payees - the appellants -

and received by them for the sole purpose and direction that it be used for the

building project. On this construction, section 385 of the Criminal Code is rele-

vant. The relevant portion provides that:-

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"When a person receives, either alone or jointly with another person, any

money

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whether capable of being stolen or not, with a direction in either

case that such money or any part thereof, or any other money received in ex-

change for it, or any part thereof,

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shall be applied to any purpose or paid

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to any person specified in the direction, such money and proceeds are deemed

to be the property of the person from whom the money

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was received

until the direction has been complied with

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On the evidence of the appellants themselves, after receiving this sum of money,

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the building contractor, Prosecution Witness No. 3, was sent for and informed that

the £200 due to him for work done under the Sub-head contained in Exhibit "A"

was available and that he should come for payment. He was paid a portion of what

was due to him which was also a portion of what the appellants had received by

virtue of Exhibit "A" for a certain purpose which was not carried out. For these rea-

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sons we are of the view that the property in the £100 was properly laid in the Ez-

zikwo County Council and this ground of appeal must fail, and the appeal is

accordingly dismissed. The judgment of the Court below is hereby affirmed.

Appeal dismissed.

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SAGOE V. THE QUEEN

35

JUBILEE STEPHEN KWESI SAGOE

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APPELLANT

V

THE QUEEN

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RESPONDENT

SUIT NO. FSC 95/1963

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SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

TAYLOR,

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J.S.C.

BAIRAMIAN,

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J.S.C.

25th October, 1963.

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Legislation - Criminal Code, s. 382(2)(f), s. 383(3)

Criminal Law - Stealing - Money received for and on account of another -

Conversion - Count of stealing a certain amount - Proof of stealing two or

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nzore articles - Proof of stealing any one if them - Conviction without

amendment of count - Amendment of charge or count - Unnecessary amendments

- solicitors - Lieu for costs due in professional capacity - Spending money

on which lieu is claimed.