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MANESSEH JAPHET & ANOR v. THE STATE

(2014) JELR 36584 (SC)

Supreme Court  •  SC.21/2011, SC.21A/2011  •  30 May 2014  •  Nigeria

Coram
WALTER SAMUEL NKANU ONNOGHEN JSC; JOHN AFOLABI FABIYI JSC; SULEIMAN GALADIMA JSC; BODE RHODES-VIVOUR JSC; KUMAI BAYANG AKA'AHS JSC;

Judgement

KUMAI BAYANG AKA'AHS, J.S.C. (Delivering the Leading Judgment): Manasseh Japhet and Sunday Jumbobaraye were the 2nd and 3rd accused respectively in a three count charge of murder contrary to S. 319(1) of the Criminal Code of Rivers State (Cap. 37, Laws of the Rivers State of Nigeria, 1999) and shop breaking contrary to S. 413(1) of the said Criminal Code in Charge No. PHC/10C/2005. The 2nd accused is a maternal uncle to the 3rd accused. They together with two others Korite and Amabo Kalango (1st and 4th accused respectively) were arraigned on criminal information filed on 16th May, 2005. Upon the arraignment the 2nd and 3rd accused, who are appellants before this Court applied by Motion on Notice filed on 14th June, 2005 to quash the information against them on the ground inter alia, that the information did not disclose a prima facie evidence against them. After the application had been argued, the learned trial Judge delivered a Ruling on 8th March, 2006 dismissing the application. …

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