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CaseLaw

Jimoh Salau V. State (2019) CLR 6(c) (SC)

Judgement delivered on June 21st 2019

Brief

  • Identification parade
  • Mischief by fire
  • Single witness
  • Contradiction in evidence of prosecution witnesses
  • Recalling of witness where dead
  • Section 121 of the Evidence Act, 2011 as amended
  • Section 239 (1) of the Criminal Procedure Code
  • Section 337 of the Penal Code.

Facts

This appeal is against the judgment of the Court of Appeal, Abuja Division, delivered on 3/3/2016, which affirmed the conviction and sentence of the Appellant by the trial Court, wherein he was convicted and sentenced to 24 years imprisonment and fine of N20,000 for the offence of mischief by fire, contained in the amended Charge dated 7/4/2011 at pages 2-3 of the record.

At the trial, the Prosecution called 6 witness and tendered several Exhibits; at the end of which a no case submission was made leading to the discharge of the Appellant on 1st and 3rd charges only and convicted on the 4th head of charge for 24 years imprisonment and fine of N20,000. On appeal to the lower Court, the Appellant lost, hence this appeal.

Issues

Whether the Respondent proved its case against the Appellant....

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