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ISAAC J. A. BORO AND ORS v. THE REPUBLIC

(1966) JELR 91497 (SC)

Supreme Court  •  SC. 377/66  •  5 Dec 1966  •  Nigeria

Coram
ADEMOLA, JUSTICE, SUPREME COURT. ONYEAMA, JUSTICE, SUPREME COURT. COKER, JUSTICE, SUPREME COURT

Judgement

On 21st June, 1966, in the High Court at Port Harcourt, Eastern Nigeria, Phil-Ebosie, J., convicted the appellants of treason and sentenced them to death, and from that conviction they have appealed.

The appellants were tried on an amended information which was as follows:-

“At the Special Sessions holden at Port Harcourt on the 22nd day of March, 1966 the Court is informed by the Director of Public Prosecutions of the Federation on behalf of the Republic that ISAAC JASPER ADAKA BORO, SAMUEL TIMIPRE OWONARU and NOTTINGHAM DICK are charged with the following offences:

STATEMENT OF OFFENCE

TREASON, contrary to section 37(1) of the Criminal Code (Federation).

PARTICULARS OF OFFENCE

ISAAC JASPER ADAKA BORO, SAMUEL TIMIPRE OWONARU and NOTTINGHAM DICK between the 20th day of February, 1966 and the 7th day of March, 1966 at Yenagoa in the Port Harcourt Judicial Division and in divers other places levied war against the State in order to intimidate or overawe the Head of the Federal Military Govern…

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