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BALA JAMES NGGILARI V. THE STATE & ORS

(2017) JELR 37717 (CA)

Court of Appeal  •  CA/YL/80C/2017  •  20 Jul 2017  •  Nigeria

Coram
OYEBISI FOLAYEMI OMOLEYE JCA; JAMES SHEHU ABIRIYI JCA; SAIDU TANKO HUSAINI JCA;

Appearances
Mr. O. Wadzani. With him, Messrs. J. Williams, M. M. Danji, P.S.K. Mathsman, F. O. America, J. J. Kwanahwah and B. A. Dauda Kura For Appellant Mr. Abubakar Aliyu. With him, Mr. A. Y. Muntaka for the 1st Respondent.Mr. Hussaini G. Maidawa for the 2nd Respondent.3rd Respondent absent and not represented. For Respondent

Judgement

OYEBISI FOLAYEMI OMOLEYE, J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of the High Court of Adamawa State, Yola Judicial Division sitting in Yola (hereinafter referred to as the trial Court) delivered on 6th March, 2017 in Suit No: ADSY/6C/2016 per Nathan Musa, J. whereby the Appellant was convicted on five of the six-count Charge preferred against him and consequentially sentenced to a term of five years in prison without an option of fine.

The background facts of this matter are that, the Appellant, James Bala Nggilari, the immediate past Governor of Adamawa State and two others, that is, the 2nd and 3rd Respondents herein were arraigned before the trial Court on an Amended Information having been charged with the following offences, to wit, (verbatim and unedited):

STATEMENT OF OFFENCE ON COUNT 1

Criminal Conspiracy contrary to Section (1) (b) Penal Code and punishable under Section 97 (2) of the same Code.

PARTICULARS OF THE OFFENCE

That you, BALA JAMES…

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