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MAHMUD MOHAMMED, J.S.C.: (Delivering the Leading Judgment): This criminal appeal is against the judgment of the Court of Appeal Abuja Division delivered on 3rd June, 2008 affirming the decision of the High Court of Justice of Niger State sitting at Minna in its appellate jurisdiction in which it granted the Appellants' application to withdraw or discontinue their appeal against their conviction and sentence by the Magistrate Court Doko for offence punishable under Section 136(b) and 265 of the Penal Code for which they were sentenced to 7 months imprisonment without any option of fine. In striking out the Appellants notice of appeal, the High Court also ordered the Appellants to go back to the prison and serve the remaining part of their sentence.
However, in addition to their notice of appeal filed on 28th July, 2005 at the High Court of Minna in its appellate jurisdiction the withdrawal or discontinuance of which is the subject of the present appeal, the Appellants had also applied …