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IJEOMA ONU V. THE STATE OF LAGOS

(2020) JELR 87256 (CA)

Court of Appeal  •  CA/YL/151/2018  •  16 Jul 2020  •  Nigeria

Coram
OBANDE FESTUS OGBUINYA JCA UGOCHUKWU ANTHONY OGAKWU JCA BALIKISU BELLO ALIYU JCA

Judgement

UGOCHUKWU ANTHONY OGAKWU, J.C.A. (Delivering the Leading Judgment): The Appellant was arraigned before the High Court of Lagos State on a one Court charge of stealing by clerks and servants in CHARGE NO. ID/81C/2004: THE STATE v. IJEOMA ONU. The Appellant pleaded not guilty and the matter went to trial. In the course of the testimony of the prosecution witness, the Prosecution sought to tender a Deed of Assignment executed between the Appellant and the Complainant.

An objection was taken by the Appellant to the admissibility of the said Deed of Assignment on the ground that she did not execute the same voluntarily. Consequent upon this objection, the lower Court conducted a voir dire, at the end of which it held in its Ruling, that the Deed of Assignment was voluntarily executed by the Appellant and admitted the same in evidence. The Appellant, being dissatisfied with the Ruling appealed against the same by Notice of Appeal filed on 7th May 2018.

The chafed Ruling of the lower Court w…

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