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OMOSULE IDUWE v. THE STATE

(2014) JELR 36411 (CA)

Court of Appeal  •  CA/B/276C/2007  •  30 Oct 2014  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED A. DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

MOJEED ADEKUNLE OWOADE, J.C.A. (Delivering the Leading Judgment): This is an appeal from the decision of Honourable Justice S.A. Bola of the Ondo State High Court sitting at Okitipupa Judicial Division delivered on the 26th day of September, 2006.

The Appellant was charged with four (4) others by way of Information with the offence of Murder, contrary to Section 316(2) and punishable under Section 319(1) of the Criminal Code Cap. 30 Vol. II Laws of Ondo State of Nigeria 1978.

The prosecution brought an application withdrawing against the 2nd - 5th accused persons on the basis that the 2nd accused who was on police bail could not be found and the 3rd - 5th accused persons were not indicted in the legal advice issued by the Ministry of Justice, Ondo State. The application was granted and the case went for full trial.

The case of the prosecution against the Appellant was that on the 19th of February, 2003, the wall of the Appellant's room was perforated and his money which was N185,000.…

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