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EZELIORA JOSEPH V. COMMISSIONER OF POLICE

(2025) JELR 114017 (CA)

Court of Appeal  •  CA/ABJ/CR/283/2022  •  26 Mar 2025  •  Nigeria

Coram
JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA PETER CHUDI OBIORAH, JCA OKON EFRETI ABANG, JCA

Appearances
Dr. L. Ojimma with Mr. J. C. Eze for the Appellant/Cross-Respondent. Mr. M. Ikyav with Mr. O. C. Anyikpa and E. U. Upaa Esq. for the Respondent/Cross-Appellant.

Judgement

JOSEPH OLUBUNMI KAYODE OYEWOLE, JCA (DELIVERING THE LEADING JUDGEMENT): This is in respect of an appeal against the judgment of the High Court of the Federal Capital Territory, Abuja Judicial Division, sitting in Abuja, delivered on the 9th December, 2021 by KEKEMEKE, J. 

The Appellant and seven other members of the Utako Market Shop Owners/Traders Association, Abuja were arraigned before the trial Court  for conspiring to commit culpable homicide, attempting to commit culpable homicide and causing grievous bodily harm to PW1 and PW2. They all pleaded not guilty and in the ensuing trial four witnesses testified for the prosecution while each of the criminal Defendants testified from the witness box denying culpability. The Appellant who was the 2nd Defendant testified as the DW2 at the trial. After taking final addresses from the respective counsel, the learned trial Judge delivered a considered judgment as aforesaid on the 9th December, 2021 wherein the Appellant and five of his co-De…

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