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JOSEPH MORAH v. FEDERAL REPUBLIC OF NIGERIA

(2018) LPELR-44054(SC)

In The Supreme Court of Nigeria

On Friday, the 23rd day of March, 2018

SC.160/2015


Before Their Lordships

IBRAHIM TANKO MUHAMMAD Justice of The Supreme Court of Nigeria

OLUKAYODE ARIWOOLA Justice of The Supreme Court of Nigeria

KUMAI BAYANG AKA'AHS Justice of The Supreme Court of Nigeria

JOHN INYANG OKORO Justice of The Supreme Court of Nigeria

PAUL ADAMU GALINJE Justice of The Supreme Court of Nigeria


Between

JOSEPH MORAH - Appellant(s)

AND

FEDERAL REPUBLIC OF NIGERIA - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on the Offences of Conspiracy and Obtaining Money under False Pretence.
FACTS:
This is an appeal against the decision of the Court of Appeal, Abuja Division delivered on 29th January, 2015 dismissing the appeal of the appellant from the decision of the High Court of the Federal Capital Territory, Abuja. The judgment of the High Court was delivered on 8 October 2013.

The appellant was the 2nd accused in Charge No.CR/07/06 wherein he stood trial with John Obiamalu (1st accused) on an amended 3 count charge of offences of conspiracy and obtaining money under false pretence.

The 1st accused and the appellant pleaded not guilty to the charge. Thereafter the prosecution called 5 witnesses. The appellant and the 1st accused each testified and called no other witness for their defence. The trial Court delivered its judgment on 7 October, 2013 convicting the appellant on each of the three counts and sentenced him to 10 years imprisonment on each count. The sentences were to run concurrently.

Being dissatisfied with the judgment of the trial Court, the appellant appealed to the Court of Appeal, Abuja and the appeal was dismissed. 

Being dissatisfied with the decision of the Court of Appeal, the appellant further appealed to the Supreme Court.

ISSUES:
The Court determined the appeal based on the following issues for determination:
1. Whether the Court of Appeal was right in affirming the conviction and sentence of the appellant when the trial Court lacks the jurisdiction to try the appellant of the offences (Ground 1).
2. Whether the prosecution proved its case beyond reasonable doubt against the appellant to warrant the Court of Appeal upholding the conviction (Grounds 2, 3 and 4).

DECISION/HELD:
In the final analysis, the Supreme Court held that the appeal was totally devoid of merit and it was accordingly dismissed. The judgment of the Court of Appeal delivered on 29th January 2015 dismissing the appeal was affirmed.


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