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EMMANUEL EGWEMI V. THE STATE

(2010) JELR 33112 (CA)

Court of Appeal  •  CA/A/179/C/2005  •  22 Jan 2010  •  Nigeria

Coram
HON. JUSTICE RABIU DANLAMI MUHAMMAD JCA; HON. JUSTICE MARY U. PETER-ODILI JCA; HON. JUSTICE AYOBODE O. LOKULO-SODIPE JCA;

Judgement

MARY U. PETER-ODILI J.C.A (Delivering the Leading Judgment): This is an Appeal by the Appellant against the judgment of Honourable Justice S. T. Hussaini, sitting at the High Court of Justice, Anyigba, Kogi State delivered on 16th December, 2004, convicting and sentencing the Appellant to death by hanging for the following offences, viz:

(a) Criminal Conspiracy.

(b) Culpable homicide punishable with death and

(c) Mischief.

FACTS:

The Appellant was originally arraigned at the High Court of Justice, Idah, Kogi State. On the order of the Honourable chief Judge of Kogi State, the case was transferred to the High court of Justice, Anyigba, Kogi State, where the matter commenced de novo. The appellant was arraigned at the High Court Anyigba, Kogi State, on 16th July, 2003 and charged with the offences of criminal conspiracy, culpable homicide punishable with death, voluntarily causing hurt and mischief contrary to Sections 97, 221, 245 and 327 of the Penal code Law Cap 89 Laws of Northern N…

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