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UMARU SUNDAY V. FEDERAL REPUBLIC OF NIGERIA

(2013) JELR 36066 (CA)

Court of Appeal  •  CA/IL/C.32/2012  •  14 Feb 2013  •  Nigeria

Coram
ITA GEORGE MBABA JCA; OBANDE F. OGBUINYA JCA; PETER OLABISI IGE JCA;

Appearances
TAIWO KUPOLATI ESQ., (With him, TAIWO AJIBOYE ESQ.) For Appellant FEMI OLORUNTOBA ESQ., DPLS NDLEA (with him MRS. M. O. ADELEYE CLO, NDLEA) For Respondent

Judgement
<p>PETER OLABISI IGE J.C.A. (Delivering the Leading Judgment): This appeal is against the decision of Honourable Justice A.O. Faji sitting at the Ilorin Judicial Division of the Federal High Court delivered on the 5th day of July, 2011, sentencing the Appellant to four (4) year imprisonment with hard labour with commencement date fixed at 5th day of July, 2011.</p><p> The Appellant was dissatisfied, with the verdict of the lower court and consequently appealed to this Court, vide his Notice of Appeal dated 2nd day of July, 2012 and filed on 3rd day of July, 2012 on two grounds. The reliefs bought by him are:-</p><p> (i) An order quashing or setting aside the conviction and sentence of the appellant by the Federal High Court, Ilorin.</p><p> (ii) An order discharging and acquitting the Appellant.</p><p> The facts leading to the imprisonment of the Appellant can be found in the one count charge against the appellant at the Lower Court as filed on 23rd June, 2011 by NDLEA. The charge reads:-</p><p> &quot;That you Sunday Umaru, Adu…</p>

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