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CHIDI EDWIN v. THE STATE

(2014) JELR 36268 (CA)

Court of Appeal  •  CA/AK/256C/2013  •  8 Dec 2014  •  Nigeria

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

Judgement

MOHAMMED AMBI-USI DANJUMA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Hon. O. D. Akeredolu J. Sitting at Akure Judicial Division of Ondo State High Court, delivered on 17th July, 2013 in charge No. AK/23c/2012.

At the trial court, the Appellant herein was charged with the murder of one Happiness Ndubueze by striking her with matchete on or about the 28th day of April, 2011 at Wasimi Via Bolorunduro, in the Ondo Judicial Division contrary to Section 316 and punishable under Section 319 of the Criminal Code, Cap 11, Laws of Ondo State, 1978.

The case for the prosecution (herein the Respondent) is that the accused person (herein the Appellant) on or about the 28th April, 2011 murdered one Happiness Ndubueze by striking her with matchete. The Appellant on his part denied doing same.

In proof of its case, the prosecution called two witnesses and tendered Exhibits. While the Appellant alone testified in his defence. It was the case of the prosecutio…

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