The Appellant was charged with and convicted of the offence
of being in unlawful possession of firearm. He was sentenced to 7 years’
imprisonment and the gun was forfeited to the Government. In his judgment, the
trial magistrate remarked that the Appellant had the duty to prove where he
obtained the gun. Being aggrieved by the trial court’s decision, the Appellant
decided to appeal to the High Court. In his appeal he faulted evidence which
was tendered at the trial court and contended that the sentence which was
awarded to him was excessive.
The High Court framed two issues for determination of this
appeal: one, whether the evidence at the trial was sufficient to found a
conviction and two, whether the sentence was manifestly excessive as to require
intervention by the High Court.