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BATURE MANYA V. STATE

(2012) JELR 35108 (CA)

Court of Appeal  •  CA/J/244C/2010  •  16 May 2012  •  Nigeria

Coram
MONICA BOLNA'AN DONGBAN-MENSEM JCA; CHIMA CENTUS NWEZE JCA; ABUBAKAR ALKALI ABBA JCA;

Appearances
T. Kekemeke for the appellant; For Appellant S. Haruna, DPP, Taraba State for the respondent; with him For Respondent

Judgement

CHIMA CENTUS NWEZE J.C.A. (Delivering the Leading Judgment): On July 29, 2009, at the Jalingo Division of the High Court of Taraba State, the appellant and three other accused persons were charged with the offence of illegal possession of firearms under section 5 (b) and 3 (1) of the Robbery and Firearms (Special Provisions) Act, 1990. On that day, only the pleas of three accused persons were taken. The fourth accused person was absent. Above all, only the second accused person was represented by counsel. In effect, the appellant and the first accused person were unrepresented when the court [coram: Adamu Aliyu CJ] took their plea. The court convicted them on their plea of guilty. The learned trial Chief Judge, thereafter, sentenced the appellant to ten years imprisonment without an option of fine.

Dissatisfied with the outcome of the proceedings, he appealed to this court. Six issues were formulated on his behalf for the determination of this appeal. They were framed thus:

1. Whether…

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