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CaseLaw

Yusuf V. Federal Republic of Nigeria (2017) CLR 12(L) (SC)

Judgement delivered on December 15th 2017

Brief

  • Proof In Criminal Trial
  • Offence Of Conspiracy
  • Offence Of Criminal Conspiracy
  • Concurrent Findings Of Facts By Lower Courts
  • Findings Of Facts
  • Section 8(a) of the Offences of Advance Fee Fraud and Other Fraud Related Offences Act 2006
  • Section 1(3) of the Offences of Advance Fee Fraud and Other Fraud Related Offences Act 2006
  • Section 135(1) of the Evidence Act, 2011
  • Section 36(5) of the 1999 Constitution
  • Section 132 of the Evidence Act 2011
  • Section 131 of the Evidence Act 2011
  • Section 15 of the Court of Appeal Act

Facts

This is an appeal against the decision of the Court of Appeal, Sokoto Division delivered on 8th December, 2016 wherein the lower court affirmed the conviction of the Appellant and reviewed the sentence from six months imprisonment to seven years imprisonment for committing offences provided for under Section 8(a) of the Offences of Advance Fee Fraud and Other Fraud Related Offences Act, 2006 and punishable under section 1(3) of the same law.

SUMMARY OF FACTS

Based on a charge dated 8th August, 2014, the Appellant herein (the 2nd Accused person at the trial court) and one Alhaji Mohammed Arzika Dakingari (as the 1st Accused person at the trial Court). Both of them were arraigned before the High Court of Kebbi State sitting in Birnin Kebbi on a 20 counts charge for offences relating to fraud, contrary to Section 8(a) of the Advance Fee and Other Fraud Related Offences.

On May 20, 2016, the trial court found the Appellant guilty on the 1st and 2nd counts of the charges and sentenced him to six months imprisonment.

Dissatisfied by the Judgement of the trial court, Appellant lodged an appeal at the Court of Appeal in Sokoto Division. The Respondent, also expressed his dissatisfaction with the judgement of the trial court, particularly the six month imprisonment, filed a Cross Appeal in the same Court.

On 8th December, 2016, the Court below affirmed the conviction of the Appellant and reviewed the sentence from six months imprisonment to seven year imprisonment for the offences for which he was charged under section 8(a) of the Advance Fee Fraud and Other Fraud Related Offences. Still dissatisfied, the Appellant preceded to this Court to lodge this appeal.

Issues

Whether the court below was right when it affirmed the conviction of the...

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