I, RAMPAM ALECHENU having been convicted of the offence of conspiracy to commit culpable homicide punishable with death and now beign a Prisoner in Prison at the Federal Prisons Abuja, DO HEREBY GIVE NOTICE of Appeal against my conviction on the following grounds:

GROUND ONE:

The Learned trial Judge erred in Law when he convicted the accused on no admissible evidence proving his guilt beyond reasonable doubt.

PARTICULARS OF ERROR:

1. The evidence of PW1 is hearsay and it did not link the death of the victim to the 1stAccused/Appellant.

GROUND TWO:

The learned trial Judge erred in Law when he convicted the 1st accused person even where the Prosecution did not prove his guilt beyond reasonable doubt.

1. The main Charge of homicide having failed for lack of sufficient evidence, the conviction of the 1st Appellant for conspiracy to commit culpable homicide is unwarranted.

TAKE NOTICE that this Honourable Court will be moved on the …….day of ……….2012 at the Hour of 9 O’Clock in the forenoon or so soon thereafter as Counsel on behalf of the Appellant/Applicant can be heard praying this Honourable Court for the following:

1. AN ORDER admitting the Applicant NOW CONVICTED to bail pending the determination of the appeal against his conviction at the Court of Appeal, Abuja Division.
2. AND FOR SUCH ORDERS as this Honourable Court may deem fit to make in the circumstances.

DATED THIS ……DAY OF ………………………. 2012.

I, RAMPAM ALECHENU, Male, Adult, Christain, Student an d a Nigerain Citizen of One House Estate Bwari Abuja do hereby make oath and state as follows:

1. That I am the 1st Accused/Appellant in this case and by virtue of which I am conversant with the facts of the case.
2. I was tried and convicted for conspiracy tocommit culpable homicide punishable with death by this Court dated the 11 day of June 2011, a copy of the Judgement is hereby attached and marked as Exhibit ‘A’.
3. that consequent upon my conviction and sentence, I have appealed against it to the Court of Appeal Abuja Division and a copy of the Notice of Appeal filed on the 13 day of June 2011 is attached and marked Exhibit ‘B’.
4. that I will be very material in the preparation of my appeal as I was told by my Attorney which I verily believe to be true.
5. that the grounds for the cponviction and sentence are doubtful in Law, and granting me bail pending the hearing of the appeal is just in the circumstances.
6. That the possible determination of the Appeal may out last my sentence of six months term of imprisonment.
7. It is in the interest of justice to grant my application.
8. I make this statement in good faith believing its contents to be true and correct and in accordance with the Oaths Act 2004.

NOTICE OF APPEAL AND A BRIEF ARGUMENT BELOW

TAKE NOTICE that the Defendant /Appellant being dissatisfied with the ruling of the High Court of the Federal Capital Territory Abuja sitting at the Federal Capital Territory, Abuja contained in the judgment of Hon. T. J. Stanley dated the 17th day of October, 2011 do hereby appeal to the Court of Appeal upon the grounds set out in paragraph 3 and will at the hearing of the appeal seek the reliefs set out in paragraph 4. And the Appellant further states that the names and addresses of the persons directly affected by the appeal are those set out in paragraph 5. Part of the decision of the lower Court complained of: The whole ruling/ judgment including the award of costs.

GROUNDS OF APPEAL
Ground One

1. The trial judge erred in law when he held that there was no breach of contract.

1. The trial judge held that there was no implied term as to merchantability of the goods supplied.
2. The trial judge failed to evaluate the evidence of the defendant to prove an implied term of merchantability as provided in the Sales of Goods Act 1889.

1. The trial judge misdirected himself in law when he proceeded to award to the plaintiff the judgment sum of N14m.

1. There was no credible and legally admissible evidence before the Court to justify the award of damages of N14m to the plaintiff.
2. The judgment sum awarded to the plaintiff was unreasonable as items of special damages were not sufficiently particularized and proved strictly.
3. The award of the judgment sum of N14m to the plaintiff on the heads:
   
   >
   1. Contract balance
   2. Special damages
   3. General damages
   were neither proved nor specially proved by the plaintiff.

The learned trial judge misdirected himself in law when he proceeded to enter judgment in favour of the plaintiff to the sum of N14m when the plaintiff could not discharge the burden of proof as provided by Section 134 of the Evidence Act 2011.

1. Exhibit D (Witness’ deposition on oath) was unchallenged by the plaintiff/respondent.
2. PW1’s evidence was grossly at variance with the statement of claim.
3. PW2’s (expert witness’) evidence was inconsistent with his deposition on oath.

The judgment is against the weight of evidence adduced at the trial.

RELIEFS SOUGHT FROM THE COURT OF APPEAL

1. An order setting aside the decision of the High Court of the FCT Abuja delivered by Hon. T. J. Stanley on the 17th day of October, 2011 and thus allowing the appeal.
2. An award of N2m as costs of litigation.

1. Agricultural Bank Plc, No. 25, Hopewell Street, Area 1, Garki, Abuja.
2. Mrs. Kayuba Ada, No. 16, BarigaClose, Wuse, Abuja.