SUNDAY
V.
F.R.N.

(2013) JELR 51156 (CA)    

Court of Appeal  ·  CA/IL/C.32/2012 ·  14 Feb 2013 ·  Nigeria
CORAM
ITA GEORGE MBABA JCA (Presided) OBANDE F. OGBUINYA JCA PETER OLABISI IGE JCA (Read the Lead Judgment)
Core Terms Beta
appellant
trial court
english language
illiterate person
learned counsel
illiterate jurat
accused person
sentence of the appellant
learned trial judge
exhibit a
laws of the federation of nigeria
lower court
record of proceedings
notice of appeal
name of the interpreter
trial judge
count charge
exhibits a
appellant’s thumb
basic right of all illiterate persons
behalf of the appellant
content of exhibit a
content of the said statement
criminal proceedings
defence counsel
face of exhibit a
failure of the ndlea security officials
federal high court
guilty plea
ilorin division of the federal high court
imprisonment of the appellant
jsc a
legal services
local government area of kwara state
made exhibit
printed record of appeal
real import of the issues
respective brief of argument
said notice of appeal
said statements shows
statement of the accused
strength of the confessional statement
verdict of the lower court
view of the fact
writer of the said exhibit

IGE JCA (Delivering the Lead Judgment): This appeal is against the decision of Honourable JusticeA. O. Faji sitting at the Ilorin Division of the Federal High Court delivered on 5 July 2011, sentencing the appellant to four (4) years imprisonment with hard labour with commencement date fixed at 5 July 2011.

The appellant was dissatisfied with the verdict of the lower court and consequently appealed to this court vide his notice of appeal dated 2 July 2012 and filed on 3 July 2012 on two grounds. The reliefs sought by him are: (i) An order quashing or setting aside the conviction and sentence of the appellant by the Federal High Court, Ilorin. (i ) An order discharging and acquitting the appellant.

The facts leading to the imprisonment of the appellant can be found in the one count charge against the appellant at the lower court as filed on 23 June 2011 by NDLEA. The charge reads:

“That you Sunday Umaru, Male, Adult, on or about 6 June 2011 at Bankubu Village in Baruten Local Governme…

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