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ISHAYA BAMAIYI V. THE STATE & ORS.

(2000) JELR 43805 (CA)

Court of Appeal  •  CA/L/40/2000  •  11 Dec 2000  •  Nigeria

Coram
GEORGE ADESOLA OGUNTADE JCA; CHRISTOPHER MITCHELL CHUKWUMA-ENEH JCA; AMIRU SANUSI JCA;

Appearances
Mike Okoye. (with him, Y. Maikyale D. Adeogun ,E. Obot I. Okoli and C. Obiefuna.) For Appellant Proof Yemi Oshinbajo, Attorney-General of Lagos State - for the 1st RespondentF. Ezekwuache - for the 3rd RespondentI. N. Buba - for the 4th RespondentPeter Obi - for the 5th Respondent For Respondent

Judgement

OGUNTADE, J.C.A. (Delivering the Leading Judgment): The appellant is the 1st accused in charge No. LCD/108/99 still pending at the Lagos High Court. Five persons were arraigned on the charge. The offences in which the appellant was said to be involved read:

"Statement of Offence - Count 1

Conspiracy to commit murder contrary to Section 324 of the Criminal Code Cap 32 Laws of Lagos State, 1994.

Particulars of Offence

Ishaya Bamaiyi (M), James Danbaba (M), Hamza Al-Mustapha (M), Jubrin Bala Yakubu (M) and Mohammadu Rabo Lawal (M) on or about the month of February, 1996 at Ikoyi in the Lagos Judicial Division conspired to murder Alex Ibru.

Statement of Offence - Count 2

Attempted murder contrary to Section 320 of the Criminal Code Cap 32 Laws of Lagos State, 1994.

Particumrs of Offence

Ishaya Bamaiyi (M), James Danbaba (M), Hamza Al-Mustapha (M), Jubrin Bala Yakubu (M) and Mohammadu Rabo Lawal (M) on or about the 2nd day of February, 1996 at Ikoyi in the Lagos Judicial Division attempt…

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