Before Their Lordships
MUSA DATTIJO MUHAMMADJustice of The Supreme Court of Nigeria
KUMAI BAYANG AKA’AHSJustice of The Supreme Court of Nigeria
JOHN INYANG OKOROJustice of The Supreme Court of Nigeria
AMINA ADAMU AUGIEJustice of The Supreme Court of Nigeria
UWANI MUSA ABBA AJIJustice of The Supreme Court of Nigeria
Between
MOMOH JIMOH SALAU – Appellant
AND
THE STATE – Respondent
……………………………A……………………………
UWANI MUSA ABBA AJI. J.S.C. (Delivering the Leading Judgment): 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.
By a Notice of Appeal, the Appellant formulated 3 Grounds of appeal with their particulars. In arguing the appeal, the Appellant formulated an issue for the determination of the appeal thus:
Whether the Respondent proved its case against the Appellant.
The Respondent formulated an issue also for the determination of the appeal as follows:
Whether the concurrent finding by the trial Court and the Court below that the prosecution has proved its case against the Appellant beyond reasonable doubt was perverse or not.
Having gone through the records and the evidence therein, this appeal shall be considered on the issue formulated by the learned Counsel to the Appellant.
