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(2021) JELR 109421 (CA)

Court of Appeal  •  CA/ABJ/CR/559/2020  •  26 Mar 2021  •  Nigeria

Obande Festus Ogbuinya, JCA James Shehu Abiriyi, JCA Oludotun Adebola Adefope-Okojie, JCA


JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment delivered on 26th March, 2018 in the High Court of the Federal Capital Territory in the Gwagwalada Judicial Division holden at Gwagwalada.

In the High Court (the Court below), the Respondent was tried, acquitted and discharged for the offence of culpable homicide contrary to Section 221 of the Penal Code.

On 29th April, 2020, this Court granted the Appellant extension of time within which the Appellant shall appeal against the decision of the Court below.

On 12th May, 2020 the Appellant filed a notice of appeal. The notice of appeal contains six grounds of appeal and some reliefs which include a prayer for an order directing the Respondent to enter his defence. From the six grounds of appeal, the Appellant presented the following two issues for determination:

“2.1. Whether the Appellant herein established a prima facie case against the Respondent herein during trial to warrant the Respond…

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