of the offence charged he was convicted of any offence involving fraud or dishonesty
The Law here allows the giving of evidence to be given at any stage of the proceeding of establishing the guilty knowledge of a person charged or being tried for the offence of receiving stolen property or being in possession of stolen property, knowing it to have been stolen. Take note that the only ground for which such evidence is made admissible is for the purpose of proving the guilty knowledge of the accused, and this therefore implies the facts of receiving the goods to which the charge relates must be proved. Thus, it must be proved that the accused received the goods the subject of the charge before introducing evidence of other instances when the accused had received stolen goods within the last twelve months or conviction for fraud or dishonesty in the past five years.
Before the evidence as above mentioned can be admissible, the accused person must be on trial not for stealing or other offence but for receiving or being in possession of stolen property. see the case of Odutade v Police [1952] 20 NLR 81, in this case, the appellant was charged with others with stealing and receiving stolen property, but by himself being with being a rogue and a vagabond. Evidence of convictions over ten years old was given against him. He was acquitted on the vagrancy charge but convicted of receiving. On appeal, it was argued that the previous convictions were put in for the vagrancy charge and not for receiving within Section 46(b) of the Act [which is 47(2) of 1990 EA]. It was held that Section 46 (1) (b) was inapplicable and that the appellant did not have a fair trial.
It is also worthy of note that there are conditions for proving SCIENTER and such conditions include:
Giving of