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(2021) JELR 109444 (CA)

Court of Appeal  •  CA/A/232C/2020  •  8 Jan 2021  •  Nigeria

Monica Bolna'an Dongban-Mensem, JCA Stephen Jonah Adah, JCA Yargata Byenchit Nimpar, JCA


STEPHEN JONAH ADAH, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of the Federal Capital Territory, Abuja, hereinafter referred to as "the trial Court", coram judice, Sylvanus C. Oriji J., delivered on the 4th 2017, in Charge No: FCT/HC/CR/64/2013, convicting the defendant/accused now appellant, (Danladi Bala) with other co-accused, for the offences bothering on criminal conspiracy to commit culpable homicide punishable with death in count 1, mischief in count 2 and culpable homicide punishable with death in count 3, all under Sections 97, 336 and 221 of the Penal Code respectively. The appellant together with his co-accused were thereafter sentenced to death by hanging or by lethal injection for the offences of conspiracy and culpable homicide (Counts 1 and 3) and again sentenced to six years imprisonment for the offence of mischief (Count 2). (See 108 and 109 of the record of appeal).

The three count charge upon which the appellant to…

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