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SUMANYA ISSAH TORRI V. THE NATIONAL PARK SERVICE OF NIGERIA

(2011) JELR 46676 (SC)

Supreme Court  •  SC.284/2009  •  8 Jul 2011  •  Nigeria

Coram
ALOMA MARIAM MUKHTAR JSC; WALTER SAMUEL NKANU ONNOGHEN JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC; BODE RHODES-VIVOUR JSC;

Appearances
Mr. Chukwuma Machukwu-UmeOnyinye For Appellant E. A. Aremo Esq. For Respondent

Judgement

I. T. MUHAMMAD, J.S.C. (Delivering the Leading Judgment): On the 5th day of April, 2004, Leave to prefer criminal charges against the appellant herein, was granted to the respondent by the Niger State High Court of Justice (trial court) holden at New Bussa. Subsequently, a three count charge of (i) illegal entry into Sheffini area of the Kainji Lake of the National Park within the New Bussa Judicial Division (referred to hereinafter as "The National Park"), (ii) illegal hunting and killing of animals within the National Park and (iii) illegal possession of weapons within the National park was preferred against the appellant, contrary to sections 30(1) 31 (1) (a) and 32 (1) of the National Park Service Act No.1 16 of 1999 ( the "Act") respectively and punishable under section 38 (1); 38 (2) and 38 (3) of the Act respectively. The appellant pleaded guilty to each of the counts as contained in the charge, He was convicted and sentenced to a cumulative term of nine (9) years imprisonment.

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