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ANDERSON EMMANUEL v. THE STATE

(2018) JELR 38642 (CA)

Court of Appeal  •  CA/B/192CB/2014  •  19 Jul 2018  •  Nigeria

Coram
JIMI OLUKAYODE BADA JCA; PHILOMENA MBUA EKPE JCA; MUDASHIRU NASIRU ONIYANGI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Leading Judgment): This is an appeal against the Judgment of the Delta State High Court of Justice, Orerokpe delivered on the 18th day of December 2013 in Charge No: HOR/3C/2012 Between: THE STATE V. (1) JOHN JAFUWA (2) JOSIAH OMAYERUE FESTUS EGITE (4) DAVID IRIRI (5) ALEX AKPALLALA (6) ANDERSON EMMANUEL i.e. (The Appellant) (7) EDIRI IRIRI (8) CHIEF KINGS IRIRI.

The Appellant was found guilty and convicted for the offences of conspiracy to commit murder and murder of one JONATHAN AKPOME and sentenced to five years imprisonment and death by hanging, respectively.

Briefly, the facts of the case are that the Appellant who was the 6th accused person at the lower Court was charged together with seven other persons for the offence of conspiracy to commit murder and murder.

The 1st, 2nd, 4th and 6th accused persons did not enter their defence and did not call any witness in support of their case. They rested their case on the case of the prosecution.…

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