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EVARIST EZE V. THE STATE

(1985) JELR 49190 (SC)

Supreme Court  •  SC.158/1984  •  6 Dec 1985  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC ANTHONY NNAEMEZIE ANIAGOLU JSC MUHAMMADU LAWAL UWAIS JSC BOONYAMIN OLADIRAN KAZEEM JSC CHUKWUDIFU AKUNNE OPUTA JSC

Judgement

C. A. OPUTA, J.S.C. (Delivering the Leading Judgment): The court heard the above appeal on the 10th day of September, 1985. After close and careful study of the record of proceedings and the Briefs filed by counsel on either side; and after listening to oral arguments by counsel, in elaboration of the various issues canvassed in their respect briefs; the court, there and then, dismissed the appeal and reserved its reasons for the dismissal to the 6th day of December, 1985.

Hereunder are my reasons. The original ground filed by the appellant himself from his prison cell reads as follows:-

"That the Court of Appeal has not based its findings on the weight of evidence and law."

This ground was abandoned by Mr. Mogboh, learned counsel for the appellant and was consequently struck out. Leave of Court was sought and obtained by the appellant's counsel to file and argue two "Additional Grounds of Appeal." During the argument however, the second ground was also abandoned by learned counsel fo…

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