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IKPO KABAKA & ANOR v. THE STATE

(2010) JELR 33735 (CA)

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

Coram
AMIRU SANUSI JCA; GEORGE OLADEINDE SHOREMI JCA; ALI ABUBAKAR BABANDI GUMEL JCA;

Judgement

AMIRU SANUSI, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the judgment of Edo State High Court ("the lower court for short,") delivered on 29th of August, 2007 by C. O. Idahosa J. now Chief Judge of the State. 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 9th May, 2006, the 4th accused (who was later acquitted by the lower court during the trial), the deceased and p.W's 1, 3, 4, 5 and other were in prest Motel along Airport Road, Benin City to enjoy themselves. At about midnight, the 4th accused came out of the Motel to enjoy fresh air outside. The first fourth prosecution witnesses, the deceased and some others also came out to join him (4th accused) outside. As they were s…

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