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(2021) JELR 109470 (CA)

Court of Appeal  •  CA/G/93C/2021  •  25 Nov 2021  •  Nigeria

Jummai Hannatu Sankey, JCA Tunde Oyebanji Awotoye, JCA Ebiowei Tobi, JCA


JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal is predicated on the Judgment of the Borno State High Court of Justice in Charge No. BOHC/MG/CR/60/2021 delivered on July 12, 2021, by F. Umaru, J.

The facts leading to the Appeal are that the Appellant and one other were arraigned before the trial Court on 08-07-21 on a one-count Further Amended Charge which read as follows:

That you MOHAMMED NAZIR AUWALU, SANI MUSA, sometime between September 2010 to April 2018 at Maiduguri, Borno State within the jurisdiction of this Honourable Court, dishonestly converted to your personal use the sum of Twenty Five Million, Seven Hundred and Eighty Eight Thousand Thirty Naira Eight Kobo (N25, 780, 888.38) only received from PENSION TRANSITIONAL ARRANGEMENT DIRECTORATE (PTAD) while you are not at pensionable age and thereby committed an offence contrary to Section 308 and punishable under Section 309 of the Penal Code Cap. 102 Laws of Borno State respectively.”

When the charg…

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