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GABRIEL TAYO AITUMA & ANOR. v. THE STATE

(2006) JELR 47909 (CA)

Court of Appeal  •  CA/B/240/2001  •  12 Apr 2006  •  Nigeria

Coram
ZAINAB ADAMU BULKACHUWA JCA; PIUS OLAYIWOLA ADEREMI JCA; STANLEY SHENKO ALAGOA JCA;

Judgement

ZAINAB A. BULKACHUWA, J.C.A. (Delivering the Leading Judgment): The two Appellants were arraigned before the High Court of Edo state Benin Coram Omorodion J. on the 31/1/1997 on information which set out the charges as follows: -

COUNT ONE: -

Conspiracy punishable under Section 516 of the Criminal code Cap. 48 Vol.II of the Laws of Bendel State 1976 applicable to Edo State.

COUNT TWO: -

Forgery punishable under Section 467 of the Criminal Code Cap. 48 Vol. II of the Laws of Bendel State 1976 applicable to Edo State.

They both pleaded not guilty to the two charges and O. V. Ilebude of counsel for the 1st accused/1st appellant holding brief for Afolabi learned counsel for the 2nd accused respondent applied that the bail of the two accused persons continues, which application was granted. There after trial commenced and the prosecution called 2 witnesses and tendered 9 Exhibits; and closed its case. The respective counsel for the two accused persons addressed the court and made a no caseā€¦

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