CLEMENT INDYEL V. THE STATE

JOMBO-OFO, J.C.A. (Delivering the Leading Judgment): This is a criminal appeal against the decision of the Rivers State High Court (hereinafter to be referred to as lower/trial court) in suit No.PHC/1858C/2010, per Hon. Justice B. A. George will, J. as he then was) and delivered 24th February, 2014.

The appellant was at the lower court and by way of information charged along with 2 (two) others as follows:

Count 1

Statement of offence

Conspiracy, contrary to section 324 of the Criminal Code (Cap. 37 Laws of Rivers State of Nigeria), 1999.

Particulars of Offence

Ali Bello, Clement Indyel and Auwalu Kwale on the17th of January, 2010, at Woke Street, Mile 4, Rumueme, Port Harcourt Judicial Division did conspire amongst themselves to commit felony to wit: Murder.

Count 2

Statement of Offence

Murder, contrary to section 319(1) of the Criminal Code (Cap. 37, Laws of Rivers State of Nigeria), 1999.

Particulars of Offence

Ali Bello, Clement Indyel and Auwalu Kwale on the 17th of January, 2010, at Woke S…