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ABBEY MATHEW v. THE STATE

(2019) JELR 91534 (SC)

Supreme Court  •  SC.176/2014  •  8 Mar 2019  •  Nigeria

Coram
OLABODE RHODES-VIVOUR..... Justice, Supreme Court. OLUKAYODE ARIWOOLA..... Justice, Supreme Court. JOHN INYANG OKORO. Justice, Supreme Court. CHIMA CENTUS NWEZE. Justice, Supreme Court. AMINA ADAMU AUGIE. Justice, Supreme Court

Judgement

OLUKAYODE ARIWOOLA, J.S.C. (Delivering the Lead Judgment):

This is an appeal against the judgment of the Benin Division of the Court of Appeal delivered on 12/12/ 2013 in appeal No:B/317C/2010 Coram: Ibrahim Mohammed Musa Saulawa, JCA; Ayobode Olujimi Lokulo-Sodipe, JCA; Tom Shaibu Yakubu, JCA.

The appellant and two others had been arraigned before the Edo State High Court of Justice, Uromi Judicial Division, holden at Uromi on two count charge of conspiracy to murder, punishable under Section 324 of the Criminal Code, Cap.48 Vol.11 Laws of the Bendel State of Nigeria 1976 now applicable to Edo State of Nigeria and Murder punishable under Section 319 (1) of the Criminal Code, Cap.48 Vol.II, Laws of Bendel State of Nigeria 1976 as applicable to Edo State.

The three accused persons were tried, found guilty, convicted and sentenced accordingly to 12 years imprisonment with hard labour on count 1 and to death by hanging on the 2nd count. Appeal by each of the three convicts was dismissed by…

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