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GABRIEL EZEZE & ANOR. v. THE STATE

(2004) JELR 45083 (CA)

Court of Appeal  •  CA/L/370/2003  •  9 Jun 2004  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; PIUS OLAYIWOLA ADEREMI JCA; MUSA DATTIJO MUHAMMAD JCA;

Judgement

ADEREMI, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the High Court of Lagos State, Ikeja Division delivered on the 14th July, 2003 in charge No. ID/38C/2003. The appellants who were the 7th and 8th accused persons in the court below were charged along with others with criminal offences. In particular, the appellants were charged with the offence of perversion of course of justice contrary to section 126(1) of the Criminal Code Law, Cap 32 volume 2, Laws of Lagos State 1994.

Proofs of evidence were laid before the court below. Suffice it to say that the 1st to 6th accused persons were charged with the offence of murder. Before the trial of the accused persons commenced, the learned counsel for the appellant or time to enable him respond to the application. The trial Judge acceded to this request. And by the endorsement in the record, the case was adjourned to 14th July, 2003 for mention. When the case again came up on the 14th of July, 2003 all the …

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