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HUSSAINI BARMO v. THE STATE

(1999) JELR 42382 (CA)

Court of Appeal  •  CA/K/203/C/97  •  22 Nov 1999  •  Nigeria

Coram
RABIU DANLAMI MUHAMMAD JCA; MAHMUD MOHAMMED JCA; VICTOR AIMEPOMO OYELEYE OMAGE JCA;

Judgement

OMAGE, J.C.A. (Delivering the Leading Judgment): The appellant is one of four accused persons charged with offences. While the other three were charged with other offences of three Counts, the appellant was charged with two counts of criminal conspiracy under section 97 of the Penal Code, and for criminal breach of trust under section 314 of the Penal Code. The 1st accused person in the court below was tried and convicted with one other person, while the other two accused persons were discharged. The 1st accused person was convicted on the two counts and convicted for criminal conspiracy and criminal breach of trust; under section 97, and 314 of the Penal Code. He was sentenced to two years imprisonment with hard labour. In the judgment of Akaahs J.. of the Kaduna High Court as he then was, in the judgment delivered on 11/10/95, the learned trial judge, directed and ordered that all the properties of the appellant impounded from the 1st accused person, now appellant be forfeited and a…

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