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SIMON DANTUR V. THE FEDERAL REPUBLIC OF NIGERIA

(2014) JELR 40071 (CA)

Court of Appeal  •  CA/J/169C/2012  •  7 Mar 2014  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; ALI ABUBAKAR B. GUMEL JCA; IBRAHIM SHATA BDLIYA JCA;

Appearances
C.I. Iornugu with J.M. Pam and C. Soporutchi For Appellant S.C. Egede DD/SA, Ministry of Justice, Federal with Ejike Orji SSC For Respondent

Judgement

TIJJANI ABDULLAHI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Jos, delivered by Allagoa (J) on the 30th June, 2011 wherein the Appellant was convicted and sentenced to seven years imprisonment for terrorist acts contrary to and punishable under Section 15(2) of the EFCC Act, 2004.

The Appellant and two others, namely Joseph Gyang and Olarewaju Essan(males) were arraigned before the Federal High Court, Jos(herein after referred to as the lower Court) on a two count charge as follows:

COUNT ONE

"That you Joseph 'M' Olarewaju Essan 'M' and Simon Dantur 'M' all of no definite address in Congo Russia Area of Jos, Plateau State within the jurisdiction of this Honourable Court, on or about the 19th day of January, 2010 did conspire amongst yourselves and agreed to do or cause to be done an illegal act to wit: Terrorist Acts within the territory of the Federal Republic of Nigeria and thereby committed an offence contrary to and…

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