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SURV. EMMANUEL B. AKPAN v. THE STATE

(2016) JELR 41745 (CA)

Court of Appeal  •  CA/C/141C/2013  •  8 Jun 2016  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA; ONYEKACHI AJA OTISI JCA; PAUL OBI ELECHI JCA;

Judgement

CHIOMA NWOSU-IHEME , J.C.A. (Delivering the Leading Judgment): This criminal appeal was filed by the Appellant who was arraigned before the High Court, Uyo Division of Akwa Ibom State presided over by Andrew Okon J, on an information of two count charge of conspiracy to commit murder contrary to Section 331 of the Criminal Code Law, Cap. 38, Vol. 2, Laws of Akwa Ibom State, 2000 and also attempted murder contrary to Section 327 of the same Criminal Code.

In a considered judgment delivered on the 18th of March, 2013, the Appellant was found guilty of conspiracy to commit murder and sentenced to Two years imprisonment or a fine of N300,000.00. The Appellant was acquitted on the second count of attempted murder.

The Respondent (The State) being aggrieved by the low term of imprisonment in Count One for conspiracy, cross appealed against the sentence. The Respondent also cross appealed on count two following the acquittal of the Appellant on a charge of attempted murder.

A summary of the ca…

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