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EMMANUEL AYO v. THE STATE

(2014) JELR 36392 (CA)

Court of Appeal  •  CA/AK/220C/2013  •  17 Oct 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, JCA (Delivering the Leading Judgment): This is an appeal against the judgment of the High Court of Ondo State, Akure Judicial Division delivered on 23rd July, 2012 in suit No: AK/49c/2010 wherein the appellant was found guilty of manslaughter and conspiracy contrary to sections 317 and 516 of the Criminal Code, Cap 37 Laws of Ondo State 2006 although he had been charged with two others who were at large for conspiracy to commit murder and murder contrary to sections 324 and 319 of the Criminal Code Cap 30, Vol. II, Laws of Ondo state 1978.

The case of the respondent at the Lower Court was that the Chief of Ode-Igele via Ita-Ogbolu reported to the police that the youth of his community found that where the appellant and his colleagues were living, they were fighting. The police went to where the chief said the fight was going on. On reaching the place, the police met the appellant. There was a corpse wrapped in a sack beside the appellant. The appellant was trying …

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