(2014) JELR 40071 (CA)    

Court of Appeal  ·  CA/J/169C/2012 ·  7 Mar 2014 ·  Nigeria
TIJJANI ABDULLAHI Justice of The Court of Appeal of Nigeria ALI ABUBAKAR B. GUMEL Justice of The Court of Appeal of Nigeria IBRAHIM SHATA BDLIYA Justice of The Court of Appeal of Nigeria
Core Terms Beta
reasonable doubt
learned trial judge
trial judge
notice of appeal
accused persons
evidence of pw2
grounds of appeal
3rd accused
defence counsel
honourable court of the first instance
patrol vehicle
19th day of january
circumstances of his arrest
evidence of the 3rd accused person
extra-judicial statement
jurisdiction of this honourable court
lower court
sufficient evidence
terrorist acts
count charge
death of several persons
director of public prosecutions of the federation
federal high court
following cases uwagboa vs. state
holding of the learned trial judge
issue no.
jos division lacks jurisdiction
judgment of the federal high court
leading judgment
leave of this court
mr. c.f. iornongu
plateau state
plea of the accused persons
police station
proof of their case
question of law
raises doubt
records of the lower court
said evidence
serious injuries
trial federal high court

TIJJANI ABDULLAHI, J.C.A.: (Delivering the Leading Judgment): This is an appeal against the judgment of the Federal High Court, Jos, delivered by Allagoa (J) on the 30th June, 2011 wherein the Appellant was convicted and sentenced to seven years imprisonment for terrorist acts contrary to and punishable under Section 15(2) of the EFCC Act, 2004.

The Appellant and two others, namely Joseph Gyang and Olarewaju Essan(males) were arraigned before the Federal High Court, Jos(herein after referred to as the lower Court) on a two count charge as follows:


"That you Joseph 'M' Olarewaju Essan 'M' and Simon Dantur 'M' all of no definite address in Congo Russia Area of Jos, Plateau State within the jurisdiction of this Honourable Court, on or about the 19th day of January, 2010 did conspire amongst yourselves and agreed to do or cause to be done an illegal act to wit: Terrorist Acts within the territory of the Federal Republic of Nigeria and thereby committed an offence contrary to and…

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