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HON EFFIOM JACOB ABAI v. THE STATE

(2016) JELR 37097 (CA)

Court of Appeal  •  CA/C/153C/2015  •  8 Feb 2016  •  Nigeria

Coram
ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA; JOSEPH OLUBUNMI KAYODE OYEWOLE JCA;

Judgement

PAUL OBI ELECHI, J.C.A.?(Delivering the Leading Judgment): This is an Appeal against the Ruling of the High Court of Akwa Ibom State, Ukanafun Judicial Division delivered by Honouroble justice Ezekiel O. Enang on the 31st July 2015.

The 1st - 4th Accused / Appellants were Charged with Conspiracy, Murder and causing grievous harm under Section 331, 326 (1) and 344 of the Criminal Code Law respectively Cap 38 Vol. 2 Laws of Akwa Ibom State of Nigeria 2000.

In count one, the 1st - 4th Accused /Appellants were alleged to have conspired on the 18th March, 2015 among them to kill one Hon Okon Joseph uwah. ?In Count 2, the 1st-4th Accused/Appellants were alleged to have murdered one Hon Okon Joseph Uwah on the 18th March, 2015. In third count, the 1st - 4th Accused/Appellants were alleged to have alleged to have on the 18th March, 2015 did inflict grievous harm to one Uduak Jackson Essien.

In reaction to this, the 1st-4th Accused/Appellants contested the information on the Charge by filing a Mo…

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