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(2021) JELR 109462 (CA)

Court of Appeal  •  CA/AS/494C/2018  •  31 May 2021  •  Nigeria

Mohammed Ambi-Usi Danjuma, JCA Joseph Eyo Ekanem, JCA Abimbola Osarugue Obaseki-Adejumo, JCA


JOSEPH EYO EKANEM, J.C.A. (Delivering the Leading Judgment): The appellant was charged along with three other persons at the High Court of Delta State, Asaba Judicial Division (the trial Court) on a seventeen-count information of conspiracy, arson and malicious damage. The appellant was the 4th accused person in the information. The accused persons pleaded not guilty to all the counts of the information.

​To prove its case, the prosecution called five witnesses and tendered Exhibits A, B, C-C8, D, E, F and G. At the close of the case of the prosecution, the four accused persons made a no-case submission. In its ruling, the trial Court discharged the third accused person in respect of all the counts. It also discharged the 1st, 2nd accused persons and the appellant (as 4th accused person) in counts 3, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16 and 17 and overruled the no-case submission in counts 1, 2, 4 and 9. The remaining accused persons were called upon to enter their defence in respect…

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