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INSPECTOR AKPAETTE MOSES v. THE STATE

(2020) JELR 87041 (CA)

Court of Appeal  •  CA/C/38C/2019  •  29 Mar 2020  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE, JCA YARGATA BYENCHIT NIMPAR, JCA MUHAMMED LAWAL SHUAIBU, JCA

Judgement

YARGATA BYENCHIT NIMPAR, J.C.A (Delivering the Leading Judgment):  This appeal is against the judgment of the High Court of Akwa Ibom sitting at Uyo and delivered on the 27th July, 2018 by Hon. Justice I. E. Ukanna wherein the Appellant amongst 3 other co- accused persons were found guilty of the offence of conspiracy and murder and were accordingly sentenced to 12 years imprisonment and death by hanging respectively. Dissatisfied with the decision, the Appellant filed a Notice of Appeal on the 10TH day of September, 2018 and deemed 21st January, 2020 but with effect from the day it was filed, it set out 4 grounds of appeal.

Facts relating to the appeal are amenable to brevity, they can be summarized hereafter. The Appellant as leader of the team along 3 others were arraigned before the Akwa Ibom High Court on a two count charge of conspiracy and murder. They were alleged to have killed a commercial motorcyclist while on patrol along Abak Road. Three Police men from the “C” Division o…

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