theft, it is the submission that to prove the offence of theft the
prosecution is expected to prove the following ingredients:
1. Intention of the accused person to take the movable
property.
2. The moving of the property being dishonest; and
3. Absence of consent at the time of moving the property.
See MOHAMMED v STATE (2000) 12 NWLR (Pt 682) 596 at 603 – 604
Para G – A.
In the instant case, it is in evidence that Exhibit A, B, C and G
being the property stolen were moved dishonestly by the accused
with his co-conspirators now at large without the consent of
Mohammed Abubakar (the owner).
It is also in evidence that the intention of taking the said Exhibits A,
B, C and G was to deprive the owner of the value of the said
property; this intention was manifestly carried out on the 3rd, 6th, 7th
and 17th Days of March, 2006 where the owner of Exhibits A, B, C
and G was deprived of the value therein.
It is further submitted that from the accused extra judicial
statements and that of his co-conspirators admitted in evidence
as Exhibit H1, I, K, L and M detailing what the accused did is a
confession to the crime of theft. See NWACHUKWU v STATE (2008)
3 NCC 100 at 135.
From the foregoing, it is submitted that the prosecution has proved
its case against the accused person as regards Counts 2, 3, 4 and
5 dealing with the offence of theft.
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