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DENSON SAMPSON ETUK & ORS V. THE STATE

(2018) JELR 39307 (CA)

Court of Appeal  •  CA/C/164C/2016  •  12 Apr 2018  •  Nigeria

Coram
CHIOMA EGONDU NWOSU-IHEME JCA STEPHEN JONAH ADAH JCA JOSEPH OLUBUNMI KAYODE OYEWOLE JCA

Appearances
Ada Okonkwo Esq. For the Appellant Uwemedimo Nwoko Esq., Attorney-General of Akwa Ibom State, with him G. Udom Esq. For the Respondent.

Judgement
<p><strong>CHIOMA EGONDU NWOSU-IHEME, J.C.A. (Delivering the Leading Judgment):</strong> The Ten Appellants in this criminal appeal were arraigned before the High Court Itu Judicial Division in Charge No. HIT/2C/2015 presided over by Edem Akpan, J, on a Ten Count Charge of Conspiracy, Murder, Assault Occasioning harm, breach of peace, False Representation and Malicious damage.</p><p>The prosecution called five witnesses while the defence called three witnesses. DW1 and DW2 testified in defence for themselves and on behalf of the other accused persons.</p><p>At the conclusion of hearing, the learned trial Judge in his judgment believed the case of the prosecution and disbelieved the case presented by the Appellants. He then convicted the Appellants on counts 1, 2, 3, 4, 6, 7, 8, 9 and 10, who being dissatisfied with that judgment have brought the present appeal. Learned counsel for the Appellants, Ada Okonkwo Esq distilled Seven issues for determination as follows:</p><p>1. Whether the offence of conspiracy to commit Murder o…</p>

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