Simon Mbam V. The State (2016)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Leading Judgment)

This is an appeal against the judgment of Hon. Justice P. O. Elechi, delivered on the 23th of June, 2013 at the High Court of Justice Ebonyi State holden at Abakaliki.

In it, the Appellant and five others were convicted for Arson and were sentenced to seven years in prison – Pages 136-153 of the Record of Appeal.

The Appellant is dissatisfied with his conviction and has appealed same.

FACTS OF THE CASE IN A NUTSHELL

The Appellant SIMON MBAM and five others were arraigned before the Abakaliki High Court for the offence of Arson as they were alleged to have conspired to willfully and unlawfully set fire to the dwelling home of Michael Onyibe, on the 23rd of May 2011, and indeed set fire on the dwelling house.

In proof of its case, the Prosecution had called four witnesses and tendered seven (7) Exhibits, A, B, C, D, E, F and G respectively while the Appellant called fourteen witnesses and tendered four (4) Exhibits, B1, B, J and H respectively.

The Appellant had raised the defence of alibi which was rejected by the Court. The Appellant had also relied on

1

Exhibit “D”, the statement of one Ugo Nwabaga, which buttressed the defence of alibi and which the trial Court also rejected.

The Appellant, in pursuing this Appeal filed a Notice of Appeal on the 19th of September 2013, encapsulating Two Grounds of Appeal – (Pages 154-157 of the Record of Appeal).

I deem it pertinent to reproduce the Grounds of Appeal.

GROUND ONE –

“The learned trial Judge erred in law when he dismissed the Case Alibi and part forward by the accused person in his defence in the charge of Arson made against the accused person”.