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(2021) JELR 109303 (CA)

Court of Appeal  •  CA/G/94C/2021  •  22 Dec 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


EBIOWEI TOBI, J.C.A. (Delivering the Leading Judgment): The Appellant in this appeal was charged along with three other persons for the offences of  conspiracy to steal Military Weapons and being in possession of Fire Arms without licence which are offences punishable under Section 95 of the Penal Code Law of Borno State and Section 27 of the Fire Arms Act. Two of the persons charged along with them were not tried as they were absent during the trial. Consequent upon this, the Appellant amended the charge taking the names of the Military Officers involved in the conducts which culminated into the offences. In the lower Court, three persons were charged.

In addition to the Appellant, who was charged as 1st accused, Juliana Yabuku and Yakuba Paul were charged as 2nd and 3rd Accused persons respectively. The lower Court after taking the evidence and the submission of Counsel delivered its judgment on 24/11/2020 found on pages 59- 95 of the record. In the said judgment, the lower Court, p…

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