CASE TITLE: MUSA v. FRN (2019) LPELR-48155(CA)
JUDGMENT DATE: 3RD JULY, 2019
PRACTICE AREA: CRIMINAL LAW AND PROCEDURE
LEAD JUDGMENT: CHIDI NWAOMA UWA, J.C.A.
SUMMARY OF JUDGMENT:
INTRODUCTION
This appeal borders on the Offences of Conspiracy and Obstruction of Officers of the National Drug Law Enforcement Agency (NDLEA) from carrying out their lawful duty.
FACTS
The appeal is against the judgment of the Federal High Court, sitting in Yola, presided over by B. B. Aliyu, J (as he then was) delivered on 9/5/16.
The Appellant as the 8th accused person was charged, arraigned, tried and convicted alongside seven other accused persons with the offences of conspiracy and obstruction of officers of the National Drug Law Enforcement Agency (NDLEA) from carrying out their lawful duty. It was contended by the appellant that the charges were not proved beyond reasonable doubt as required by law and that the trial Court was wrong in its conclusion and decision.
On arraignment, the appellant and the seven others pleaded not guilty to the charge. The prosecution in proof of its case at the trial called ten (10) witnesses, all officers of the NDLEA. At the close of the prosecution’s case, the appellant entered his defence and testified as DW2 wherein he denied being at the scene of the crime on 21/3/12. All the other defendants gave evidence in their respective defences denying committing the offences charged.
At the conclusion of the trial, the learned trial judge convicted the appellant as charged.
Dissatisfied with the judgment of the trial Judge, the appellant appealed to the Court of Appeal.
ISSUES FOR DETERMINATION
The Court determined the appeal based on a sole issue thus:
Whether the trial Court was right to have found the appellant guilty of the offences for which he was tried and convicted, considering the circumstances of this case?
DECISION/HELD
In the final analysis, the Court of Appeal held that the appeal was unmeritorious, dismissed it and affirmed the judgment of the Trial Court.
RATIOS:
~BARR. OBI NNAKA
Introduction The legal profession has always been known for its high standards and unique demands,…
CASE TITLE: UNITY BANK PLC v. ALONGE (2024) LPELR-61898(CA) JUDGMENT DATE: 4TH APRIL, 2024 JUSTICES:…
CASE TITLE: ODIONYE v. FRN (2024) LPELR-62923(CA) JUDGMENT DATE: 5TH SEPTEMBER, 2024 PRACTICE AREA: CRIMINAL LAW…
CASE TITLE: EFFIONG v. MOBIL PRODUCING (NIG.) UNLTD (2024) LPELR-62930(CA)JUDGMENT DATE: 27TH SEPTEMBER, 2024PRACTICE AREA:…
CASE TITLE: ONWUSOR v. STATE (2024) LPELR-63031(CA) JUDGMENT DATE: 12TH NOVEMBER, 2024 PRACTICE AREA: CRIMINAL…
By Femi Falana SAN Introduction Last week, President Bola Tinubu ordered the immediate termination of…
View Comments
Please be sending me recent cases through my e-mail provided above.
Hello Mohammed. To enable us to do as you have requested, kindly fill the form in this link https://mailchi.mp/lawpavilion/wk4lf6o6hi
Thank you.