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DANIEL ITODO v. THE STATE

(2014) JELR 33557 (CA)

Court of Appeal  •  CA/B/103C/2009  •  31 Jan 2014  •  Nigeria

Coram
SOTONYE DENTON WEST JCA; MOJEED ADEKUNLE OWOADE JCA; CORDELIA IFEOMA JOMBO-OFO JCA;

Judgement

CORDELIA IFEOMA JOMBO-OFO J.C.A. (Delivering the Leading Judgment): This appeal is against the judgment of Hon. Justice P. I. Odunwo of the Ondo State High Court sitting at Ikare, Akokjo Judicial Division delivered 4th June, 2008 and convicting the accused person hereinafter referred to as the appellant for murder. At the trial court the appellant was charged with the murder of one Ehe Samuel Simeon on or about the 21st day of September, 2001 at Igboji Camp. Irun in the Ikare-Akoko Judicial Division contrary to Section 316 and punishable under Section 319 of the Criminal Code Cap 30 Vol. 11, Laws of Ondo State, 1978.

STATEMENT OF FACTS

In the course of the trial, seven witnesses testified for the prosecution and tendered Exhibits A, B, C, D and ID1-5 respectively while the appellant alone testified in his own defence and without tendering any exhibit.

The case for the prosecution was that on 21st September, 2001, the appellant went to the camp of one James Simeon and swore to him that…

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