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CHIEF EMMANUEL EBRI BASSEY BASSEY OFEM OBLA UBI OFEM BASSEY V. THE STATE

(2002) JELR 55786 (CA)

Court of Appeal  •  CA/C/120/2001  •  18 Nov 2002  •  Nigeria

Coram
DENNIS O. EDOZIE, JCA (Presided and Read the Lead Judgment) SIMEON OSUJI EKPE, JCA SULE AREMU OLAGUNJU, JCA

Judgement

EDOZIE, JCA (Delivering the Lead Judgment) : The three appellants as accused persons were on an information in the High Court Ugep, Cross River State jointly charged in charge No. HUG/2C/2000 with murder contrary to section 319(1) of the Criminal Code, Cap 31 vol. 2 Laws of the Cross River State of Nigeria 1983. The particulars of offence alleged that they on or about the 29th day of January, 2000 at Mgbe-Ekori, in Ugep Judicial Division, murdered Egoma Oden Obla. Each of the appellants pleaded not guilty to the charge and thereafter at the trial the prosecution fielded eight witnesses while the appellants defended themselves, on oath and called two witnesses in support of their defence. A The facts of the case show that, the circumstances leading to the death of the deceased arose from a land dispute between two communities in Yakurr Local Government Area of Cross River State. The communities are Mkpani to which all the three appellants belong and Ekori the village of the deceased…

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