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EMMANUEL DAVID EKANEM V. THE STATE

(2009) JELR 33158 (CA)

Court of Appeal  •  CA/PH/135/2005  •  2 Apr 2009  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMED LAWAL GARBA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement
<p>SULEIMAN GALADIMA, J.C.A. (Delivering the leading : ): The Appellant was arraigned on an information on 14/1/97, on a one count dated 1/9/94, before the High Court of Rivers State, Port Harcourt presided over by Hon. Justice ACHO OGBONNA for the offence of murder of one TOMBOA AKOKO aged 17 on 2/8/93 contrary to section 319 of the Criminal Code, Laws of, Eastern Nigeria 1963 applicable to Rivers State of Nigeria.</p><p> SEVEN witnesses testified for the prosecution. Several exhibits were admitted in evidence. On his own part, the Appellant testified in defence of the charge against him.</p><p> After taking and considering the addresses of the learned counsel for the Appellant and the Respondent, the learned trial Judge in his judgment delivered on the 28th July 2003, found the Appellant guilty of the offence of murder as charged and sentenced him to death by hanging.</p><p> Aggrieved by his conviction and sentence the Appellant appealed. The original Notice of Appeal contains 4 grounds of appeal, bu…</p>

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