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DAMISA JIMOH v. THE STATE

(2018) JELR 39433 (CA)

Court of Appeal  •  CA/EK/80C/2016  •  26 Mar 2018  •  Nigeria

Coram
AHMAD OLAREWAJU BELGORE JCA; FATIMA OMORO AKINBAMI JCA; PAUL OBI ELECHI JCA;

Judgement

PAUL OBI ELECHI, J.C.A.(Delivering the Leading Judgment): This is an appeal against the Judgment of the High Court of Justice, Ekiti State, in the Ado Ekiti Judicial Division delivered by Hon. Justice M.O. Abodunde on the 30th day of June, 2014, wherein the Appellant who was the Defendant in the lower Court was arraigned for the offence of Murder contrary to Section 316 (3) and punishable under Section 319 of the Criminal Code Laws Ekiti State, 2012 but convicted for the offence of Manslaughter and sentenced him to Life Imprisonment.

The Appellant filed his Notice and Ground of Appeal on the 17th day of September 2014. The record of Appeal in this appeal was transmitted outside the required statutory period but by the order of the Honourable Court granted on 21st March 2017 pursuant to the Motion on Notice dated 6th December 2016 and filed on the same date, the said record was deemed properly transmitted to the Honourable Court.

At the lower Court, the Appellant (Damisa Jimoh) was charg…

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