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SUNDAY CHIJIOKE AGBO & ORS. v. THE STATE

(2010) JELR 47181 (CA)

Court of Appeal  •  CA/E/222/2008  •  24 Feb 2010  •  Nigeria

Coram
AMIRU SANUSI JCA; MOHAMMED L. TSAMIYA JCA; OLU KAYODE ARIWOOLA JCA;

Judgement

MOHAMMED L. TSAMIYA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the decision of Abakaliki High Court in Ebonyi State delivered on 11/4/08 in which the High Court (herein referred to the as the trial Court) over-ruled the submission of 'No case to answer' made by the appellant's counsel.

The summary of the facts of this appeal is this:

The appellants were ordinary police officers attached to the surveillance squad of the Nigeria police Force, Abakaliki. They were arraigned before the trial Court, on one count i.e. murder of one Ifeanyi Nnaji, on 23/28/2001.

Upon arraignment, each of the appellants pleading not guilty to the charge, where upon the prosecution, in order to establish the charge, called 5 witness and closed its case. Thereafter, the appellants, through their counsel made 'a No Case - submission', and submitted that the prosecution had failed to make out a prima-facie case to warrant calling on the appellants to defend themselves. He urged the court…

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