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MUHAMMED SHITTU MAI GOLD V. USMAN SA'AD

(2021) JELR 109376 (CA)

Court of Appeal  •  CA/G/50C/2020  •  12 Aug 2021  •  Nigeria

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

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This is the judgment in respect of the appeal filed on 24/5/2019 against the decision of Gombe State High Court sitting on Appeal in Appeal No GM/62A/2018 delivered on 27/2/2019.

The Chief Magistrate Court, Gombe State was the Court of first instance. The accused was arraigned for offences of Criminal Conspiracy and Criminal Breach of Trust contrary to Sections 97 and 312 of the Penal Code Law.

The Learned Chief Magistrate after hearing the parties gave judgment convicting the accused and sentencing him accordingly.

Dissatisfied with the said judgment, the accused appealed to the lower Court against the judgment of the Chief Magistrate Court delivered on 31/10/2018. The grounds of the appeal as per his Notice of Appeal are

GROUND NO. 1

That the learned Chief Magistrate erred in law when he convicted and sentenced the appellant for an offence of Criminal Conspiracy when the offence was not established beyond reasonable doubt.…

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