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FAVOUR EBEBEINWE OGAGAOGHENE V. FEDERAL REPUBLIC OF NIGERIA

(2020) JELR 111351 (CA)

Court of Appeal  •  CA/A/872c/2019  •  18 May 2020  •  Nigeria

Coram
STEPHEN JONAH ADAH JCA EMMANUEL AKOMAYE AGIM JCA MOHAMMED BABA IDRIS JCA

Appearances
Dr. Kayode Ajulo Esq., with Abel Adaji, Michael Okejimi Esq., and Addeh Abdullahi Esq., for the Appellant; Ashibi Amedu Esq., for the Respondent.

Judgement

STEPHEN JONAH ADAH, JCA (Delivering the Leading Judgment): This appeal is against the decision of the High Court of the Federal Capital Territory, Abuja in Charge No: FCT/HC/CR/426/19 delivered on the 30th day of July, 2019 (Coram: Muawiyah Baba Idris, J.).

The appellant as the defendant before the trial court was charged on a one count charge dated 28th May 2019 and he was arraigned before the lower court on 22nd day of July 2019. The appellant had before the arraignment entered into a plea bargain agreement with the respondent in this appeal who was the Prosecution or Complainant at the lower court.

Upon the plea of "guilty" by the appellant, the court convicted him and adjourned the trial to 30th July 2019, for sentencing.

On the 30th of July 2019, the lower court sentenced the Appellant to 3 (three) years imprisonment without an option of fine.

The appellant being dissatisfied with the decision of the lower court filed a notice of appeal dated 26th August, 2019. The record of appeal w…

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