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CaseLaw

Mandara Vs. AG Federation (1984) CLR 4(b) (SC)

Judgement delivered on April 6th 1984

Brief

  • Criminal jurisdiction of Federal high court
  • Offences that AG Fed can institute
  • Interpretation of statutes
  • Treasonable felony
  • Section 7(3) of the Federal High Court Act

Facts

The appellant was tried at the Federal High Court, Lagos, on four counts charge treasonable felony, incitement to mutiny and attempting to cause disaffection amongst members of the armed forces of this country. Specifically, the charges were brought under section 41(a), 44(a), 44(b), and 46(1)(a). Some of the above charges attract a punishment of life imprisonment, but having been found guilty at the end of what undoubtedly must have been a very tedious trial, judging by the size of the printed record of proceedings, the appellant was convicted and sentenced to a maximum term of 15 years imprisonment on two of the counts and 10 years imprisonment on the other two, the said terms to run concurrently. He was thus to serve a total of 15 years imprisonment. The conviction was recorded on 30th July, 1982 and the appellant is still in prison custody.

The appellant appealed to the Court of Appeal, contending that the Federal High Court had no jurisdiction to try the appellant. The Court of Appeal held that the Federal High Court had jurisdiction.

Appellant further appealed to the Supreme Court.

Issues

  • "1.
    Whether by sub-section (3) the Act confers upon the court, in ad¬dition to...
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