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OLUWAFEMI AIHENVBA v. THE STATE

(2016) JELR 37102 (CA)

Court of Appeal  •  CA/B/368CC/2010  •  22 Mar 2016  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; MUDASHIRU NASIRU ONIYANGI JCA; UGOCHUKWU ANTHONY OGAKWU JCA;

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A.(Delivering the Leading Judgment): This appeal is part of a trilogy arising from the decision of the High Court of Edo State presided over by Hon. Justice C. O. Idahosa, Chief Judge in Charge No. B/57C/2006. The judgment which was delivered on 23rd July, 2010 is at pages 394 -?? 471 of the Main Records of Appeal.

Nine persons were arraigned on a three count charge of conspiracy to commit murder and the murder of two persons. In the course of the trial at the Lower Court, three of the accused persons were discharged at the close of the case for the prosecution; their no case submission having been upheld. The remaining six accused persons entered upon their defence and at the conclusion of the trial, three of the six were discharged and acquitted, while the other three, including the Appellant, who was the 5th accused person were convicted as charged and sentenced to death by hanging.

Peeved by the judgment, the Appellant appealed against the same on 27th …

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