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IKPO KABAKA LUCKY OGBEJOKO J. J. OJEME V. THE STATE

(2010) JELR 55258 (CA)

Court of Appeal  •  CA/B/172M/2008  •  16 Dec 2010  •  Nigeria

Coram
AMIRU SANUSI JCA (Presided and Read the Lead Judgment) GEORGE OLADEINDE SHOREMI JCA ALI ABUBAKAR BABANDI GUMEL JCA

Judgement

SANUSI JCA (Delivering the Lead Judgment): This appeal emanates from the judgment of Edo State High Court (“the lower court for short”) delivered on 29 August 2007 by C.O. Idahosa J., now Chief Judge of theState. The three appellants herein along with three others were arraigned before the lower court on a two count charge of conspiracy to commit murder and murder, contrary to sections 324 and 319(1) of the Criminal Code, Cap. 48, VoL. II , Laws of Bendel State applicable in Edo State. The facts of the case are briefly as follows. On the night of 9 May 2006, the 4th accused (who was later acquitted by the lower court during the trial), the deceased and PW’s l, 3, 4, 5 and others were in Prest Motel alongAirport Road, Benin City to enjoy themselves.At about midnight, the 4th accused came out of the motel to enjoy fresh air outside. The first to fourth prosecution witnesses, the deceased and some others also came out to join him (4th accused) outside. As they were standing outside t…

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