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ENDURANCE ALISON v. THE STATE

(2017) JELR 38145 (CA)

Court of Appeal  •  CA/OW/152C/2015  •  7 Apr 2017  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; MASSOUD ABDULRAHMAN OREDOLA JCA; TUNDE OYEBANJI AWOTOYE JCA;

Judgement

TUNDE OYEBANJI AWOTOYE, J.C.A. (Delivering the Leading Judgment): This judgment is in respect of the appeal lodged by the appellant against the decision of Abia State High Court sitting at Uzuakoli in respect of Suit HUZ/1C/2011. The State v. Endurance Alison delivered on 18/12/2014

The appellant was the accused at the lower Court. The charge against the accused at the lower Court read thus:

BETWEEN

THE STATE - COMPLAINANT

Vs

ENDURANCE ALISON - ACCUSED

DATED THE ---------------- DAY OF ------------- 2011

STATEMENT OF OFFENCE

MURDER, contrary to Section 319(1) of the Criminal Code Cap 30 Vol. 11, Laws of Eastern Nigeria 1963 applicable in Abia State of Nigeria.

PARTICULARS OF OFFENCE

ENDURANCE ALLISON, on the 22nd day of August, 2010 at Aro Quarters, Uzuakoli, Bende Local Government Area of Abia State in the Uzuakoli Judicial Division murdered UGOCHUKWU ANIHE.

The charge was read to the accused who pleaded not guilty. The prosecution called witnesses and the accused later gave evidence in his own…

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