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MBAM
V.
STATE

(2016) JELR 36824 (CA)

Court of Appeal 10 Mar 2016 Nigeria
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- The appellant, Simon Mbam, and five others were convicted of arson by the High Court of Ebonyi State for allegedly conspiring to willfully and unlawfully set fire to the dwelling house of Michael Onyibe on 23 May 2011, and sentenced to se

Case Details

Suit Number:CA/E/471C/2014
Judges:RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria EMMANUEL AKOMAYE AGIM Justice of The Court of Appeal of Nigeria MISITURA OMODERE BOLAJI-YUSUFF Justice of The Court of Appeal of Nigeria
Counsel:Ejike Ezenwa, Esq. For Appellant A. N. Nwankwagu, Esq. (Attorney-General, Ebonyi State0 with I. I. Alobu, Esq. (Director of Public Prosecution, Ministry of Justice, Abakaliki, Ebonyi State )and F. N. Nteoma, Esq. (Chief State Counsel, Ministry of Justice, Ebonyi State) For Respondent

RITA NOSAKHARE PEMU, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. Justice P. O. Elechi, delivered on the 23th of June, 2013 at the High Court of Justice Ebonyi State holden at Abakaliki.

In it, the Appellant and five others were convicted for Arson and were sentenced to seven years in prison - Pages 136-153 of the Record of Appeal.

The Appellant is dissatisfied with his conviction and has appealed same.

FACTS OF THE CASE IN A NUTSHELL

The Appellant SIMON MBAM and five others were arraigned before the Abakaliki High Court for the offence of Arson as they were alleged to have conspired to willfully and unlawfully set fire to the dwelling home of Michael Onyibe, on the 23rd of May 2011, and indeed set fire on the dwelling house.

In proof of its case, the Prosecution had called four witnesses and tendered seven (7) Exhibits, A, B, C, D, E, F and G respectively while the Appellant called fourteen witnesses and tendered four (4) Exhibits, B1, B, J and H r…

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