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USMAN MOHAMMED MAFA v. THE STATE

(2012) JELR 35107 (CA)

Court of Appeal  •  CA/J/220C/2004  •  29 Jun 2012  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; JUMMAI HANNATU SANKEY JCA; PHILOMENA MBUA EKPA JCA;

Judgement

PHILOMENA MBUA EKPE. JCA (Delivering the Leading Judgment): This appeal is against the Judgment of the Borno State High Court delivered by A. G. Mshelia on the 13th day of December, 2002.

The appellant was arraigned before High Court No, 3 Maiduguri on a two count charge of criminal breach of trust punishable under section 315 and theft under section 288 of the Penal Code (as amended) respectively.

The prosecution as well as defence called witnesses and tendered documents in proof of their respective cases.

The appellant was discharged and acquitted for the offence of theft under section 288 of the penal code but was however convicted for criminal breach of trust contrary to section 311 and punishable under section 312 of the Penal Code.

The appellant's conviction was to a five-year term of imprisonment or an alternative fine of N500,000.00 (Five hundred thousand naira). In addition the appellant was ordered to pay compensation of the sum N2,725,000.00 (Two million seven hundred and t…

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