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MBAM CHUKWUMA v. THE STATE

(2016) JELR 36822 (CA)

Court of Appeal  •  CA/E/470C/2014  •  10 Mar 2016  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of Hon. Justice P. O. Elechi of the Ebonyi State High Court holden at Abakaliki delivered on the 28th of June 2013, whereby the Appellant MBAM CHUKWUMA was convicted for the offence of Arson and sentenced to 7 years imprisonment - Pages 136-153 of the Record of Appeal.

FACTS OF THE CASE

The Appellant and five other accused persons were charged with the offence of Arson contrary to Section 443 (a) of the Criminal Code Law Cap 33. Vol. 1, Laws of Ebonyi State of Nigeria 2009, in that on the 23rd day of May 2011 at Mgbo Agbaja Abakaliki in Abakaliki Judicial Division, willfully and unlawfully set fire on the dwelling house of Michael Onyibe valued N600,000.00, property of Michael Onyibe - Page 2 of the Record of Appeal.

The Prosecution, in proof of its case, called four (4) witnesses and tendered six (6) Exhibits viz: A, B, C, D, E, F and 1D1 1-E, respectively.

The Appellant called fourteen …

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