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SIMON MBAM v. THE STATE

(2016) JELR 36824 (CA)

Court of Appeal  •  CA/E/471C/2014  •  10 Mar 2016  •  Nigeria

Coram
RITA NOSAKHARE PEMU JCA; EMMANUEL AKOMAYE AGIM JCA; MISITURA OMODERE BOLAJI-YUSUFF JCA;

Judgement

RITA NOSAKHARE PEMU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice P. O. Elechi, delivered on the 23th of June, 2013 at the High Court of Justice Ebonyi State holden at Abakaliki.

In it, the Appellant and five others were convicted for Arson and were sentenced to seven years in prison - Pages 136-153 of the Record of Appeal.

The Appellant is dissatisfied with his conviction and has appealed same.

FACTS OF THE CASE IN A NUTSHELL

The Appellant SIMON MBAM and five others were arraigned before the Abakaliki High Court for the offence of Arson as they were alleged to have conspired to willfully and unlawfully set fire to the dwelling home of Michael Onyibe, on the 23rd of May 2011, and indeed set fire on the dwelling house.

In proof of its case, the Prosecution had called four witnesses and tendered seven (7) Exhibits, A, B, C, D, E, F and G respectively while the Appellant called fourteen witnesses and tendered four (4) Exhibits, B1, B, J and H r…

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