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ALHAJI NANNER BUKA UMORU MANDARA V. THE ATTORNEY GENERAL OF THE FEDERATION

(1984) JELR 42517 (SC)

Supreme Court  •  SC.152/1983  •  6 Apr 1984  •  Nigeria

Coram
GEORGE SODEINDE SOWEMIMO JSC; AYO GABRIEL IRIKEFE JSC; MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; ANTHONY NNAEMEZIE ANIAGOLU JSC; MUHAMMADU LAWAL UWAIS JSC;

Appearances
Chief F.R.A. Williams, SAN with him R.A. Ojosipe and T.E. Williams For Appellant Ben Nwazojie, Federal DPP, with him G. Ekeh, state Counsel and Mrs Abetiba, Senior State Counsel For Respondent

Judgement

IRIKEFE, JSC (Delivering the Leading Judgment):-The appellant was tried at the Federal High Court, Lagos, on four counts charging treasonable felony, incitement to mutiny and attempting to cause disaffection amongst members of the armed forces of this country. Specifically, the charges were brought under section 41 (a), 44 (a), 44 (b), and 46 (1) (a). Some of the above charges attract a punishment of life imprisonment, but having been found guilty at the end of what undoubtedly must have been a very tedious trial, judging by the size of the printed record of proceedings, the appellant was convicted and sentenced to a maximum of 15 years imprisonment on two of the counts and 10 years imprisonment on the other two, the said terms to run concurrently. He was thus to serve a total of 15 years imprisonment. The conviction was recorded on 30th July, 1982 and the appellant is still in prison custody. All the charges were brought under Part II of the Criminal Code (Cap 42 Laws of the Federati…

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