Abubakar Tijani Shehu V. The State (2010)

LAWGLOBAL HUB Lead Judgment Report

I.F. OGBUAGU, J.S.C.

This is an appeal against the judgment of the Court of Appeal, Abuja Division (hereinafter called “the court below”) delivered on 13th January, 2009 dismissing the Appellant’s appeal and affirming the judgment of the High Court of Kogi State sitting at Okene – per Olusiyi, J. delivered on 22nd May, 2007 convicting and sentencing the Appellant on a one count charge of mischief by fire punishable under Section 337 of the Penal Code to two (2) years imprisonment without an option of fine and a fine of N5,000.00 (five thousand naira) or to imprisonment for nine (9) months in default.

Dissatisfied with the Judgment, the Appellant has appealed to this Court on seven (7) Grounds of Appeal which without their particulars, read as follows:

“GROUNDS 1: (sic)

The Learned Justices of the Court of Appeal erred in law when they held that the prosecution proved the case against the Appellant beyond reasonable doubt, when in actual fact there was no evidence to show that the accused in fact committed the offence and thereby occasioned a miscarriage of justice.

GROUND 2:

The Learned Justices of the Court of Appeal erred in law when they held that there were compelling cogent and positive circumstances, which point to the guilt of the Appellant and no other without more and thereby occasioned a miscarriage of justice.

GROUND 3:

The Learned Justice of the Court of Appeal erred in law when they held that omitting the time of the day the offence was committed in the charge against the Appellant did not occasion a miscarriage of justice.

GROUND 4:

The learned Justice (sic) of the Court of Appeal erred in law in holding that the defence of alibi was not available to the Appellant and thereby occasioned a miscarriage of justice.

GROUND 5:

The learned Justice of the Court of Appeal misdirected themselves and drew wrong inferences which cumulatively occasioned a miscarriage of justice.

GROUND 6: