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AGADA AUDU MOSES v. COMMISSIONER OF POLICE, BENUE STATE

(2017) JELR 37215 (CA)

Court of Appeal  •  CA/MK/113C/2013  •  25 May 2017  •  Nigeria

Coram
JUMMAI HANNATU SANKEY JCA; ONYEKACHI AJA OTISI JCA; JOSEPH EYO EKANEM JCA;

Judgement

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal emanates from the Judgment of the Benue State High Court, Otukpo sitting in its appellate jurisdiction in Appeal No. OHC/2CA/2007. Therein, the Judgment of the Upper Area Court, Okpoga (hereinafter referred to as the trial Court), in case No. CR. 32/2006 delivered on 14th September, 2006, was set aside. The High Court (hereinafter referred to as the lower Court) then proceeded to enter a verdict of guilty of the offence of abetment of forgery against the Appellant. It therefore convicted and sentenced him to twelve (12) months imprisonment and in the alternative, to pay a fine of N5,000 .00 (Five Thousand Naira).

Briefly stated, the facts of the case leading up to this Appeal are as follows: The Appellant was arraigned before the Upper Area Court, Okpoga on 26th May, 2006 on a First Information Report (F.I.R.) alleging abetment and forgery against the Appellant contrary to Sections 85 and 365 of the Penal Codeā€¦

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