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BASSEY EDIBI v. THE STATE

(2009) JELR 35471 (CA)

Court of Appeal  •  CA/C/51/2004  •  18 Mar 2009  •  Nigeria

Coram
NWALI SYLVESTER NGWUTA JCA; JEAN OMOKRI JCA; MOJEED ADEKUNLE OWOADE JCA;

Judgement

NWALI SYLVESTER NGWUTA, J.C.A (Delivering the Leading Judgment): This appeal is against the Judgment delivered by the High Court of Justice, Cross River State, Obubra Judicial Division on 19/4/97.

The appellant (as 1st accused) was arraigned with four other accused persons on a Charge of Murder on 25/5/95. Each accused pleaded not guilty before Obasse, J in the High Court, Obubra. The matter proceeded to trial and at the end of the prosecution's case the learned trial Judge found that no prima facie case was made out against either of the 3rd, 4th and 5th accused persons. Each of the said 3rd, 4th and 5th accused persons was accordingly discharged. See page 21 of the records. The trial continued with the appellant as the 1st accused and Ukpai Obu as the second accused.

The defence rested its case on 2/12/96 and on 17/12/96 learned Counsel for the defence addressed the Court. On 29/1/97 the learned prosecuting Counsel replied before Obasse, J. who adjourned the case "to 17/3/97 for ju…

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