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MOSES
V.
C.O.P BENUE STATE

(2017) JELR 37215 (CA)

Court of Appeal 25 May 2017 Nigeria
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Case Details

Suit Number:CA/MK/113C/2013
Judges:JUMMAI HANNATU SANKEY Justice of The Court of Appeal of Nigeria ONYEKACHI AJA OTISI Justice of The Court of Appeal of Nigeria JOSEPH EYO EKANEM Justice of The Court of Appeal of Nigeria
Counsel:Jonathan Akeme, Esq. with him, J. A. Chiagorom (Mrs.) and M.O. Egert (Miss) holding the brief of P. A. Omengala, Esq. For Appellant M.E. Ocheneje (Mrs.) Asst. DPP, Benue State Ministry of Justice For Respondent

JUMMAI HANNATU SANKEY, J.C.A. (Delivering the Leading Judgment): This Appeal emanates from the Judgment of the Benue State High Court, Otukpo sitting in its appellate jurisdiction in Appeal No. OHC/2CA/2007. Therein, the Judgment of the Upper Area Court, Okpoga (hereinafter referred to as the trial Court), in case No. CR. 32/2006 delivered on 14th September, 2006, was set aside. The High Court (hereinafter referred to as the lower Court) then proceeded to enter a verdict of guilty of the offence of abetment of forgery against the Appellant. It therefore convicted and sentenced him to twelve (12) months imprisonment and in the alternative, to pay a fine of N5,000 .00 (Five Thousand Naira).

Briefly stated, the facts of the case leading up to this Appeal are as follows: The Appellant was arraigned before the Upper Area Court, Okpoga on 26th May, 2006 on a First Information Report (F.I.R.) alleging abetment and forgery against the Appellant contrary to Sections 85 and 365 of the Penal Code…

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