ACHORA
V.
A.G. BENDEL

(1990) JELR 75331 (CA)

Court of Appeal 2 Jul 1990 Nigeria
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Judges:MICHAEL EKUNDAYO OGUNDARE, J.C.A. (Presided and Read the Leading Judgment), ISA AYO SALAMI, J.C.A., AKINTOLA OLUFEMI EJIWUNMI, J.C.A.
Counsel:J.Y, Odebala, Esq. - for the Appellant. O.S. Uwuigbe (Mrs.) Senior State Counsel, Bendel State Ministry of Justice - for the Respondent.
Other Citations:(1990) 7 NWLR (Pt. 160) 92

OGUNDARE, J.C.A. (Delivering the Leading Judgment): The appellant was charged with being in possession, without lawful authority, of firearms to wit, live cartridges. The prosecution called three witnesses. The appellant rested its case on the case for the prosecution. The learned trial Judge after addresses by learned counsel, in a reserved judgment, found the charge proved and convicted the appellant as charged; he was sentenced to seven years imprisonment I.H.L. It is against his conviction that the appellant has appealed to this Court upon eleven grounds of appeal.

Briefs of argument were filed in this Court by both the appellant and the respondent through their respective counsel. In the appellant's briefs six issues are set down as calling for determination. In my respective view, having


regard to the judgment appealed against and the grounds of appeal, the main issue for determination in this appeal is as to whether there was evidence to sustain the charge. There is an ancillary …

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