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IME DAVID IDIOK V. THE STATE

(2008) JELR 33190 (SC)

Supreme Court  •  SC.54/2006  •  18 Apr 2008  •  Nigeria

Coram
NIKI TOBI JSC; GEORGE ADESOLA OGUNTADE JSC; IKECHI FRANCIS OGBUAGU JSC; FRANCIS FEDODE TABAI JSC; IBRAHIM TANKO MUHAMMAD JSC;

Judgement

I. F. OGBUAGU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the decision of the Court of Appeal; Calabar Division (hereinafter called "the court below") delivered on 8th December, 2005 affirming the conviction and sentence of the Appellant by Udofia, J. of the Eket Judicial Division of the High Court of Akwa Ibom State in his judgment delivered on 25th February, 1991.

Dissatisfied with the said decision, the Appellant has appealed to this Court on two (2) Grounds of Appeal. Without their particulars, they read as follows:

[A] The learned Justices of the Court of Appeal erred in law when they affirmed the conviction and death sentence of the Appellant when the prosecution failed to prove its case beyond reasonable doubt.

[B] The learned Justices of the Court of Appeal erred in law when they affirmed the conviction and sentence of the Appellant notwithstanding the acquittal and discharge of the 1st accused Morris Ekpo Enoidern, who was charged together with the A…

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