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MANDARA
V.
AG FEDERATION

(1984) JELR 42517 (SC)

Supreme Court 6 Apr 1984 Nigeria
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- The appellant was tried and convicted on charges of treasonable felony, incitement to mutiny, and attempting to cause disaffection amongst members of the armed forces. - The appellant appealed to the Court of Appeal, arguing that the Fede

Case Details

Suit Number:SC.152/1983
Judges:GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria AYO GABRIEL IRIKEFE Justice of The Supreme Court of Nigeria MOHAMMED BELLO Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria
Counsel:Chief F.R.A. Williams, SAN with him R.A. Ojosipe and T.E. Williams For Appellant Ben Nwazojie, Federal DPP, with him G. Ekeh, state Counsel and Mrs Abetiba, Senior State Counsel For Respondent
Other Citations:(1984) All N.L.R 219 (1984) 4 S.C. 8, (1984) JELR 59684

IRIKEFE, JSC (Delivering the Leading Judgment):-The appellant was tried at the Federal High Court, Lagos, on four counts charging treasonable felony, incitement to mutiny and attempting to cause disaffection amongst members of the armed forces of this country. Specifically, the charges were brought under section 41 (a), 44 (a), 44 (b), and 46 (1) (a). Some of the above charges attract a punishment of life imprisonment, but having been found guilty at the end of what undoubtedly must have been a very tedious trial, judging by the size of the printed record of proceedings, the appellant was convicted and sentenced to a maximum of 15 years imprisonment on two of the counts and 10 years imprisonment on the other two, the said terms to run concurrently. He was thus to serve a total of 15 years imprisonment. The conviction was recorded on 30th July, 1982 and the appellant is still in prison custody. All the charges were brought under Part II of the Criminal Code (Cap 42 Laws of the Federati…

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