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ANN AMAECHI v. THE STATE

(2016) JELR 36837 (CA)

Court of Appeal  •  CA/OW/46C/2013  •  14 Jun 2016  •  Nigeria

Coram
IGNATIUS IGWE AGUBE JCA; ITA GEORGE MBABA JCA; FREDERICK OZIAKPONO OHO JCA;

Judgement

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Judgment of the Honourable Justice Ngozi Opara then of the Mbano/Etiti Judicial Division Holden at Mbano which Judgment was delivered on Tuesday, the 8th day of November, 2005 finding the Appellant guilty of Manslaughter and sentencing her to 5 (five) years imprisonment with hard labour. However, since the Convict/Appellant had already stayed in Custody for a little more than five (5) years, she was ordered to go home having served the term of imprisonment retrospectively.

It would be recalled that the Appellant was charged along with the 1st Accused Justus Iheazu on a Count of Murder contrary to Section 319 of the Criminal Code CAP 30, Vol.2 Laws of Eastern Nigeria, 1963 as applicable to Imo State of Nigeria in that on the 13th day of April, 2000 at Ikpa Mbara Umuozu Ugiri in Isiala Mbano in the Mbano Umuozu Ugiri in Isiala Mbano in the Mbano/Etiti Judicial Division, she murdered one Margaret …

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