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USHIE
V.
THE STATE

(2012) JELR 34957 (CA)

Court of Appeal 9 Jul 2012 Nigeria
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- The appellant, an accountant with the Cross River State Sports Council, was alleged to have conspired with others to fraudulently secure and share unclaimed salaries of a dismissed civil servant (PW1), leading to his arrest and trial for

Case Details

Suit Number:CA/C/72C/2010
Judges:UZO I. NDUKWE-ANYANWU JCA JOSEPH TINE TUR JCA ISAIAH OLUFEMI AKEJU JCA
Counsel:B. Olusegun, Esq., For the Appellant; John U. Ogban, Esq. For the Respondent.

UZO I. NDUKWE-ANYANWU, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Cross River State sitting in Calabar delivered on 18th February, 2010, convicting the Appellant for conspiracy and sentenced him to 5 years imprisonment.

Being dissatisfied, the Appellant filed his notice of appeal with 4 grounds.

The Appellant filed his Appellant's brief on 2nd November, 2010 but deemed properly filed and served on 3rd April, 2012.

The appellant articulated 2 issues for determination as follows:

1. Whether the trial court was right to have held that the offence of conspiracy was proved by the prosecution against the Appellant beyond reasonable doubt. (Grounds 1, 2, and 4).

2. Whether the sentence of the Appellant to 5 (five) years imprisonment by the trial court was correct, justifiable, or legally tenable (Ground 3).

The Respondent filed its Respondent's brief on 27th March, 2012 and deemed properly filed and served on.

The Respondent adopted …

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